Civil Revision No.5666 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5666 of 2008 Date of decision: 1.04.2009. Surjit Singh .....Petitioner Versus Surinder Kaur alias Saranjit Kaur and another ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. V.G.Dogra, Advocate for the petitioner Mr. Harit Sharma, Advocate for the respondents. ***** S.D.ANAND, J. It is apparent from the impugned order itself that the plea raised by the plaintiff-respondent in terms of Order 33 Rule 1-A and 4 C.P.C., for being allowed to sue as an indigent person, came to be allowed without compliance with the provision aforementioned ,on the very date the plaint was presented before it. In terms of that provision, the Court has to first examine “the applicant, or his agent when the applicant is allowed to appear by agent, regarding the merits of the claim and the property of the applicant.” Further, Order 33 Rule 1-A provides as under:- “1-A Inquiry into the means of an indigent person:- Every inquiry into the question whether or not a person is an Civil Revision No.5666 of 2008 -2- **** indigent person shall be made, in the first instance, by the chief ministerial officer of the Court, unless the Court otherwise directs, and the Court may adopt the report of such officer as its own finding or may itself make an inquiry into the question.” The learned Trial Court did not, at all, advert to the above quoted provisions of Order 33 Rule 1-A and 4 of the C.P.C. which are compulsive in nature. The petition shall stand allowed accordingly. The impugned order shall stand quashed. The parties, through their learned counsel, are directed to appear on 6.4.2009 before the learned Trial Court. The learned Trial Court shall proceed to dispose of the plea aforementioned afresh in accordance with law. The stay order dated 8.12.2008 shall stand vacated. The vacation of stay order shall be communicated to the Court concerned forthwith. April 01, 2009 (S.D.Anand) Pka Judge