Ashok Kumar And 7 Others vs Ravi Prakash Gupta And 8 Others
2022 Latest Caselaw 5580 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4864 of 2022
 

 
Petitioner :- Ashok Kumar And 7 Others
 
Respondent :- Ravi Prakash Gupta And 8 Others
 
Counsel for Petitioner :- Rakesh Kumar Mishra
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioners.

In this petition the petitioners have prayed for setting aside the order dated 16.03.2022, whereby, his application bearing paper no. 5-C under Order 44 Rule 1 of Code of Civil Procedure, 1908 (in short 'CPC'), permitting him to pursue the appeal as indigent person, has been rejected and further resultantly the appeal has been directed to be consigned to records.

Learned counsel for the petitioners submits that instead of consigning the appeal to records, the concerned court ought to have permitted the applicant time to pay the requisite court fees and upon such payment the appeal should have been taken to be competent in terms of Order 44 Rule 2 CPC.

Learned counsel for the petitioners submits that the petitioners are confining their prayer in this petition only to the extent that the order dated 16.03.2022 passed by the District Judge, Hathras be set aside to the extent only it directs the appeal to be consigned to records, as the petitioners, according to him, are ready to pay the court fees to make the appeal competent.

Having heard learned counsel for the petitioners and the nature of prayer being pursued before this Court in this petition under Article 227 of the Constitution of India, I find merit in the submissions advanced by learned counsel for the petitioners and accordingly exercising my superintending jurisdiction under Article 227 of the Constitution, I hereby set aside the order dated 16.03.2022 passed by the District Judge, Hathras to the extent it directs the appeal to be consigned to records. The petitioners are accordingly permitted to move an appropriate application before the District Judge, Hathras under Order 44 Rule 2 of CPC within a period of four weeks from today and it is further provided that in the event any such application is filed, the same shall be considered and disposed of by the District Judge, Hathras in terms of provisions of Order 44 Rule 2 CPC. The Court is of the further view that since the petitioners being judgment debtors, have a statutory right to prefer an appeal and therefore, merely because the application to treat the applicant as indigent person has been rejected and if he is directed to pay the court fees to pursue the appeal, no prejudice is going to be caused to the plaintiff.

Petition thus stands disposed of.

Order Date :- 29.6.2022

IrfanUddin