SHRI SHISHPAL Vs. SHRI ASHOK KUMAR

JUDGEMENT

(1.) This is an appeal against the order passed by the trial Court dismissing the plaintiffs application for permission to sue as an indigent person.

(2.) The suit was filed for partition and for some other reliefs including a relief of injunction in respect of 3bigha 16 biswa of land situate in village Ibrahimpur. The allegation made in the plaint was that the plaintiff was not possessed of any means to pay the Court Fee amounting to Rs. 1795/- as he has articles of daily use worth Rs. 700.00 only which was insufficient to pay the court fee.

(3.) During the proceedings for declaration of plaintiff as an indigent person, evidence was introduced that the plaintiff was possessed of 3 bigha 16 biswa land in village Ibrahimpur and also owned a shop as a co-owner with his brother. The plaintiff admitted these facts but it was alleged that these items could not be considered for purposes of deciding the question of indigency. From a perusal of the copy of the plaint which has been shown to us it will be apparent that the property in Schedule Ka consists of two plots Nos. 406 and 182 measuring 3 bigha 16 biswa situate in village Ibrahimpur. Similarly the property in Schedule Ja is a shop in which the plaintiff has claimed one-half share by partition. This obviously refers to the shop which is alleged to be jointly owned with his brother. The court below has recorded a finding that these two properties were sufficient to enable the plaintiff to pay the court fee payable in this Suit.