C.R. No. 709 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 709 of 2009 (O&M) Date of Decision: 10.2.2009 Ajay Marwari ....Petitioner Versus Jitender Singh ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Amit Singla, Advocate for the petitioner. RAJESH BINDAL J **** The challenge in the present petition is to the order dated January 15, 2009, vide which the application filed by the petitioner for permitting him to sue as an indigent person was dismissed. Learned counsel for the petitioner submitted that the petitioner at the time of filing of the appeal was earning merely a sum of Rs. 18,000/- per annum from all sources. He did not have any moveable or immovable property and accordingly was unable to pay the Court fee. He further referred to the report of Tehsildar stating therein that the petitioner is not owning any moveable or immovable property and was doing the work of labourer and his income was verified at Rs. 20,000/- per annum. Learned counsel for the petitioner has further argued that it is the financial status of the petitioner on the date of filing of the appeal which is to be seen and not for any period prior to that. However, the report of the Tehsildar as well as the statement of learned counsel for the petitioner cannot as such be relied upon for the purpose of allowing the petitioner to sue as an indigent person. Statement of the petitioner was recorded in the suit on April 15, 2008. In his cross-examiantion he stated that since 1989 he was earning Rs. 15,000/- per month by doing the business of spare parts whereas in the statement recorded on September 26, 2008, merely 5 months thereafter he stated that he was unemployed for the last 6-7 years. His annual income was Rs.18,000/- only. There is apparent contradiction in the two statements of the petitioner within a short span of five months. There is no justification available for that. Accordingly, I do not find any merit in the present petition and the same is dismissed. (RAJESH BINDAL) 10.2.2009 JUDGE Reema