C.R. No. 4539 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 4539 of 2009 Date of Decision: August 12, 2009 Sukhdev Singh and others …..Petitioners Vs. Dhanna Singh and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Ashok Bhardwaj, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order dated July 27, 2009, the Additional; District Judge (Fast Track Court), Sangrur, has dismissed the application of the petitioners filed alongwith an appeal against money decree of Rs.50000/- on the ground that the petitioners have got sufficient means to pay the Court fee relying upon the following circumstances:- C.R. No. 4539 of 2009 [2] i) Petitioner No.1 had contested the Lok Sabha Election from Sangrur constituency held in 2009 by depositing Rs.5000/- as security; and ii) The report of Collector indicates that the petitioners are co-sharer to the extent of 3/319 share in khasra Nos. 42/25/7-1, 48/4/21-4, 6/7-2, 15/1/0-12. Counsel for the petitioners submits that the abovesaid circumstances are not sufficient enough to dismiss the application of the petitioners. I have heard counsel for the petitioners and taking into consideration the judgment of State of Haryana and another Vs. Baldev Raj and another, 2009 (1) RCR (Civil) 181, cited by counsel for the petitioner, laying down that a property which is exempted from attachment under the Civil Procedure Code cannot be taken into consideration while determining the indigence of a plaintiff. The ratio of the said judgment is not applicable to the facts of the present case as the property owned by petitioners does not seem to be immune to attachment as per provisions of Civil Procedure Code. Petition is dismissed. However, in the interest of justice, a period of one month is granted to the petitioners from today to file the Court fee. August 12, 2009 (M.M.S.BEDI) sanjay JUDGE