MALLAPPA BASAPPA BARAGI Vs. VIJAYA BANK

JUDGEMENT

(1.) This is a Civil Petition preferred under Order 44 Rules 1 and 2 of the C.P.C. seeking leave of this Court to sue as an indigent person in the Regular First Appeal preferred against the judgment and decree passed on 15-3 1988 by the Principal Civil Judge, Bagalkot, in O.S. No. 129 of 1987.

(2.) After the learned Government Pleader was directed to take notice for the State regarding Court Fee, objections were filed by him opposing the petition for leave to sue as an indigent person. Thereafter, this Court passed an order directing the trial court to hold an enquiry into the question whether or not the petitioner is an indigent person unable to pay the prescribed court fee in the Regular First Appeal and to submit a report within a specified time limit.

(3.) The trial court held an enquiry and submitted its report containing the findings holding that the petitioner is not an indigent person. The findings are based on the reasons which, in sum and substance, are to the effect that the petitioner is earning wages of Rs. 410/- per month as a labourer in a Petrol Pump, that the petitioner has a house in Bagalkot measuring 65 square yards and that the petitioner's land has been acquired for which the petitioner is getting compensation.