JITENDRA GORAKH MEGH Vs. GORAKH GOVIND MEGH

JUDGEMENT

(1.) The present Petition is filed under provisions of Order XXXIII of Code of Civil Procedure, 1908 by the Petitioner above-named seeking permission to file suit as forma pauparis. The Petitioner has filed the present proceeding for partition of property. Defendant No. 1 is the father and Defendant No. 2 is the sister of Petitioner. In the present matter, the Petitioner has valued the Suit for the purpose of court fees at Rs. 3,00,00,000/- and maximum ad-valorem court fees comes to Rs. 3,00,000/-.

(2.) Petitioner has stated that he is unemployed and does not have source of income and, therefore, he has filed present Petition to sue as indigent person in terms of Order XXXIII of Code of Civil Procedure, 1908.

(3.) It appears that in the above matter, the Registry had issued notice to the Collector to investigate in the property of the Petitioner and submit report in that regard. It further appears that the Collector has not forwarded any report to the Registry. The matter was adjourned on many occasions as the report of the Collector was not received. Finally, it was decided that the examination of the Petitioner to his claim of pauperism should proceed in the absence of report. This is because it is well settled position that the Collector's Report is not the condition precedent for proceeding with the inquiry into pauperism. It only aids in the inquiry and nothing prevent the Court from proceeding further inquiry into pauperism in the absence of the Collector's report. Accordingly, the Petitioner filed his Affidavit of Examination in Chief, marked as Exhibit 'A' and the Advocate for Respondents has cross examined the Petitioner.