Civil Revision No. 6002 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 6002 of 2009 Date of decision:- 10.03.2011 Smt. Satwinder Kaur and another ....Petitioners Vs. Gurmeet Singh and another ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Saurabh Bajaj, Advocate, for the petitioners. Mr. Sanjay Verma, Advocate, for the respondents. A.N. JINDAL, J (ORAL) This petition assails the order dated 01.06.2009 (Annexure P-1) passed by the Civil Judge (Senior Division), Kurukshetra and the judgment dated 01.10.2009 (Annexure P-2) passed by the District Judge, Kurukshetra, whereby the application dated 31.10.2007 under Order 33 Rule 1 CPC filed by the applicants-petitioners (hereinafter referred to as 'the petitioners') for permitting them to file the suit as indigent persons, was dismissed. Having scrutinized the record, it appears that the Courts below have taken very harsh view of the matter while directing the petitioners to pay the Court fee in their suit for maintenance. The Court has also not considered that the Court fee could be recovered as per law, if the suit ultimately succeeds. At the same time, both the parties are agreeable that the petitioners may be allowed to suit as indigent persons and the issue of payment of Court fee be kept open and If suit of the Civil Revision No. 6002 of 2009 2 petitioners ultimately succeeds, then the Court fee would be recovered, as the law directs. In this view of the matter, this petition is accepted and the impugned orders are set aside. (A.N.JINDAL) 10th of March, 2011 JUDGE ajp