KUNA PRABHAVATHAMMA Vs. KUNA SRIRAMULU

JUDGEMENT

(1.) This revision is directed against an order refusing permission to the petitioners to sue in forma pauperis.

(2.) The petitioner-plaintiff Is the wife claiming maintenance against her husband. The court-fee payable on the plaint is a sum of Rs. 1,188/-. The husband filed a counter contending that his wife has got in her possession an extent of 50 cents of wet land she is also having 6 tolas of gold Nanu given to her by him and other gold ear and note ornaments weighing about 1 1/2 tolas given to her by her parents. The petitioner alone gave evidence as P. W. 1 denying that she owned 50 cents of land or that she was given 6 tolas of gold by her husband. No evidence was adduced on behalf of her husband. He did not go into the box in support of the allegation made by him in his counter regarding the solvency of the petitioner. But in the cross examination the petitioner has made some admissions. On the basis of those admissions the lower court came to the conclusion that she is in a position to pay court fee. She admitted that she was wearing gold nose and ear ornaments on the previous dates of hearing of the matter, except at the time she was giving evidence. She also stated that they weigh 3 tolas and the present rate of gold is Rs. 600/- per tola. On the basis of her admission the lower court found that she is In a position to pay the court-fee of Rs. 1,188/-

(3.) Sri A. Surya Rao, the learned counsel for the petitioner, has argued that the petitioner seems to have said "yes" whatever was suggested to her In cross-examination. It is net even the case of the respondents that the petitioner is having gold ear and nose ornaments weighing about 3 tolas. Even in the counter filed by the husband he merely stated that the petitioner is having gold ear and nose rings weighing 11/2 tolas. It looks as though the petitioner being Innocent has made those admissions; It is not known what kind of gold, whether It is absolutely pure gold, the ornaments were made of. to think that their value would be at the rate of Rs. 600/-per tola. That she is having 50 cents of land and a gold ornament called '"Nanu" weighing 6 tolas has not been made out.