127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-2433-2026 Date of Decision: April 27, 2026 Kamlesh Chander Mahajan and another …Pe00oners Versus Pardeep Kumar Mehta …Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Sanjay Majithia, Sr. Advocate with Ms. Divya Mohan, Advocate for the peoners. DEEPAK GUPTA , J.(Oral) Suit for recovery for an amount of
2 crores along with interest was filed by plainff – Pardeep Kumar Mehta (respondent herein) against defendants (peoners herein). Along with the suit, an applicaon was moved under Order 33 Rule 1 CPC to exempt the plainff from filing the Court fee and to treat him as an indigent person. Defendants-peoners opposed the applicaon. They also field a separate applicaon under Order 7 Rule 11 CPC to reject the plaint on the ground that there was no cause of acon. The trial Court by way of the impugned order dated 19.02.2026 (Annexure P-6) observed that the provisions under Order 7 Rule 11 CPC are not applicable at this stage because the proceedings of the suit were yet to commence and that the same shall commence only a3er the decision on the applicaon under Order 33 Rule 1 CPC. 2. Since the inquiry is being conducted under Order 33 Rule 1 CPC in order to see as to whether the permission should be granted to the plainff-respondent to sue as an indigent person, so this Court does not find any illegality or perversity in the view taken by the trial Court. Finding no merits in the present peon, the same is hereby dismissed. SARITA RANI 2026.04.28 14:30 I attest to the accuracy of this document/order
CR-2433-2026 - 2 - 2026:PHHC:063777
However, it is made clear that a3er the applicaon is decided under Order 33 Rule 1 CPC; the peoners-defendants will be at liberty to approach the trial Court to decide their applicaon under Order 7 Rule 11 CPC on merits and in case of adverse order, will be at liberty to approach this Court. April 27, 2026 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No SARITA RANI 2026.04.28 14:30 I attest to the accuracy of this document/order