MUNNALAL Vs. MALIYA BAI

JUDGEMENT

(1.) HEARD on the application filed by the applicant/appellant under Order 44 Rule 1 of the CPC. According to it, the appellant has no sufficient means to pay the requisite court-fee of this appeal. He has some share in the agricultural land, which is a joint property with other co-parceners and the members of the family and the worth of his share is only Rs. 4,000/-. Besides this, he is having other moveable property of Rs. 500/-. It is also stated that he is not having any other source of income from which he is earning more than Rs. 6,000/- per annum. The application is further supported by an affidavit of the appellant. No reply of it has been submitted by any of the respondent.

(2.) EARLIER this application was sent to call the report from Collector, Jabalpur vide order dated 21.1.2002. Subsequent to it various reminders have also been sent but no report has been submitted in this regard. Thus, this Court has no option, except to decide this application on the basis of the averments of it and the documents on record.

(3.) IN the case at hand, the Collector was directed to submit the report but even after 5 years the report was not sent by the Collector. In the absence of such report, the appellant cannot be insisted to dispose of his aforesaid property for submitting the court fees, as laid down in the aforesaid case."