JAYANT PRABHAKAR MAHAJAN Vs. SUMAN SARDE

JUDGEMENT

(1.) THE appellant/plaintiff has preferred this appeal under Order 43, Rule 1 (na) of the Code of Civil Procedure, challenging the order dated 3.8.2000, passed by the Second Additional District Judge, Jagdalpur in M.J.C. No. 3/1999, by which his application under Order 33 Rule 1 of the C.P.C. has been rejected.

(2.) THE brief facts for disposal of the appeal are as under :

(3.) REPLYING the contentions made by learned counsel for the appellant, Shri Sri Kumar Agarwal, learned Senior Counsel, ably assisted by Shri Anand Gupta, learned counsel strenuously submits that the appellant/plaintiff is guilty of suppression of material facts, as while making the application under Order 33 Rule 1 of the C.P.C. for leave to sue as indigent person, the appellant/plaintiff was obliged to detail all moveable and immoveable properties with estimated value thereof, and those should have been signed and verified as per the manner prescribed. He further submits that the report of the Collector clearly indicates that the appellant/plaintiff has property, other than the suit property, worth Rs. 75,600/ - as per the valuation made in the year 1999 and it cannot be said that he is an indigent person, having no sufficient means to pay the court fees.