1 S.B. Civil Misc. Appeal No.253/2006 Laxman Das. vs. Harish Kumar and others. Date : 9.11.2006 HON'BLE MR. PRAKASH TATIA, J. Mr. OP Joshi, for the appellant. - - - - - Heard learned counsel for the appellant. The appellant/plaintiff has filed this appeal against dismissal of his application under Order 33 Rules 1 and 2 CPC by the trial court vide order dated 12.9.2005. Learned counsel for the appellant submitted that he is poor person and he is not in a position to pay court fees amount of Rs.26,565/-. According to learned counsel for the appellant, he has one house in Ward No.3 in Merta City. The valuation of the said house is Rs.5,30,000/-. It is alleged that the sale consideration of the said house was not paid by the defendants to the plaintiff. Only Rs.80,000/- has been paid by the defendants to the plaintiff which was also repaid to the defendant's son by the plaintiff in the month of February, 2003 and, therefore, the plaintiff's house is also mortgaged. He also disclosed that he has only household goods, total costs whereof is Rs.10,000/- only. It is alleged that the plaintiff is sick as he is suffering from Blood Pressure and is a patient of Diabetes. In view 2 of the above, he cannot pay the court fees for maintaining the suit. The trial court found that the plaintiff himself admitted in his statement that he is getting rental income of Rs.300/- and Rs.200/- from two tenants. However, he stated that the tenants have stopped paying the rent. The plaintiff also admitted that he is selling vegetables of Rs.1000/- per day but earning only Rs.70/- per day and sometimes, he suffer losses also. The trial court also found that the plaintiff took a motorcycle costing Rs.32,990/- on 3.3.2003 though on payment of costs by installments. He also admitted that he obtained the wholesale business license in Krishi Mandi. The Court below found that the rental income shown by the plaintiff/appellant cannot be believed nor his income of Rs.70/- per day can be believed. Not only this, but the plaintiff was given credit limit by the Bank of Rs.1,50,000/-. In view of the above facts, it is clear that the plaintiff has not come with cleans hands and he suppressed the financial position to avoid the payment of court fees of Rs.26,565/- only. After going through the record and the reasons assigned by the court below, I do not find any merit in this appeal and the same is hereby dismissed. However, the trial court while dismissing the application should have allowed time to pay the court fees to maintain the suit. The application of the appellant and 3 this appeal have been dismissed, therefore, now the appellant may pay the court fees within a period of one month from today. In case, the court fees is paid by the appellant within one month from today, the suit may be registered and otherwise the suit shall stand dismissed. (PRAKASH TATIA), J. S.Phophaliya