THOMAS Vs. THOMAS

JUDGEMENT

(1.) The request of appellant for permission to sue as an indigent person was refused by the Court below for the reason that he had not disclosed all the properties to which he is entitled. That order is challenged in this appeal.

(2.) A simple mortgage was executed by appellant in favour of respondent on 9-5-1981 in respect of the property mentioned in the petition. He sought to set aside the decree alleging that no amount was received by him on the strength of that document and that the document was got executed under threat and coercion. The schedule to the petition contains only the description of his wearing apparel and it is alleged that he is not entitled to any property, movable or immovable.

(3.) The Court below basing on the evidence of petitioner as P.W. 1 found that he had suppressed the fact of ownership over an area of 6 cents of land and the building thereon. For that reason the request of petitioner was rejected and he was directed to pay Court-fee. The property stated to have been suppressed is none other than the subject-matter of the suit.