CW – 8487/07 - Satya Narain @ Sattu @ Dunga Vs. Addl. Distt. Judge, Bilwara & Anr. Judgment dt.24.11.08 1/2 S.B. CIVIL WRIT PETITION NO.8487/2007 Satya Narain @ Sattu @ Dunga Vs. Addl. Distt. Judge, Bilwara & Anr. Date of order : 24th November, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Rajendra Charan for the petitioner. Mr. Sumit Mehta for the respondents. --------- 1. Heard learned counsels. 2. This writ petition is directed against the order dated 22.2.2006 of the learned trial court whereby the application for claim of damages was filed by the petitioner against the respondent – Ajmer Vidhyut Vitran Nigam Ltd. on account of an accident taken place with the son of the petitioner was dismissed. It is explained by way of an application that he was unable to deposit the Court fee on account of his being pauper and he has only 1.5 bigha of land and which too has been mortgaged with the State Bank of India and he does not have sufficient means to deposit the court fees. The claim of the petitioner was rejected on the point of non-payment of Court fees. 3. Having heard learned counsels, this Court is of the view that the petitioner should be given an opportunity to file an application under Order 33 Rule 1 read with Order 44 C.P.C. to establish before the learned trial court that he has no sufficient means to deposit the court fees for pursing the suit for damages. 4. Accordingly this writ petition is allowed and the impugned order dated 22.2.2006 is set aside and the suit is restored to CW – 8487/07 - Satya Narain @ Sattu @ Dunga Vs. Addl. Distt. Judge, Bilwara & Anr. Judgment dt.24.11.08 2/2 the learned trial court for trial. The petitioner shall file appropriate application before the learned trial court within a period of 3 weeks from today and the learned trial court shall consider the same in accordance with law. [ DR. VINEET KOTHARI ], J. item No.10 babulal/-