Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: 31
CS DJ 199/23
DEEPAK Vs. MAYA DEVI
07.11.2024
Present : Sh. Avishkar Goel, Ld. Proxy counsel for the plaintiff with
plaintiff.
Sh. S.K. Tyagi, Ld. Counsel for the defendant no. 1,3 and 4
with defendant no. 1 and 4.
None for the defendant no. 2.
Matter is listed for reply/ arguments on the application u/o 7
rule 11 CPC. However, no reply is filed. Instead, the plaintiff has moved
an application u/o 33 r/w Section 151 CPC seeking permission to sue as
an indigent person. Copy supplied.
Perusal of record shows that the suit was instituted on
04.03.2023. No such application was filed then. Summons of the suit
were issued and even an interim stay has been granted. Now, when the
application u/o 7 rule 11 CPC was filed and court fees was directed to be
filed by the plaintiff, this application has been filed.
Perusal of Order 33 CPC shows that the permission to sue
as an indigent person has to be taken by the plaintiff prior to the
institution of the suit. Only if the application is allowed, then the
plaintiff is permitted to sue as an indigent person. The application can
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not be filed midway during trial once the direction for filing of the court
fees has been given.
Hence, the application is not maintainable and the same is
dismissed. Last and final opportunity given to the plaintiff to argue on
application u/o 7 rule 11 CPC and to file the court fees, failing which the
court shall be constrained to pass an order, as per law.
Put up for reply/ arguments on application u/o 7 rule 11
CPC on 24.02.2025. Advance copy of the reply be supplied to the
opposite party atleast 15 days prior to the next date of hearing.
(RUCHIKA SINGLA)
DJ-03 (N/W)
Rohini Courts :Delhi/07.11.2024
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