Citation : 2011 Latest Caselaw 4275 ALL
Judgement Date : 1 September, 2011
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- SECOND APPEAL DEFECTIVE No. - 75 of 1994 Petitioner :- Riazul Hasan Respondent :- Union Of India& Others Petitioner Counsel :- Riazul Hasan,In Person,M.K. Gupta Respondent Counsel :- B.P. Singh Hon'ble Sibghat Ullah Khan,J.
In para 6 of the affidavit, filed in support of the application under order 44 Rule 1 C.P.C., it was stated that after the judgment of the trial Court, the deponent continued to be indigent person and property, which he possessed was also given in the said paragraph.
It is quite possible that during the period of last 17 years appellant may have acquired sufficient means to pay the Court fees. Accordingly, let a fresh affidavit in this regard be filed.
List after one month. Whenever the case is listed next, the name of learned Standing Counsel appearing for the respondent (for the purposes of application for permission to file appeal as an indigent person) shall be shown in the cause list
Meanwhile, learned Standing Counsel may also file counter affidavit to the application under Order 44 Rule 1 C.P.C.
Learned counsel for the appellant is directed to supply two copies of application under Order 44 Rule 1 C.P.C. to learned Standing Counsel by tomorrow.
Order Date :- 1.9.2011
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