MANORMABAI Vs. CHANDRAKANT

JUDGEMENT

(1.) THIS appeal under O. 33 R. 1 -Expl. (a) of the Code of Civil Procedure has been filed by the appellant against the order of 7th Additional District Judge, Indore, in Misc. Judl. Case No. 38/81 decided on 3.11.1988; whereby the appellant's application filed under Or. 33 R. 1 C.P.C. seeking leave to sue as an indigent person has been rejected.

(2.) THE appellant brought an action against the respondents claiming amount of compensation on account of defamation and malicious prosecution and claimed a total amount of Rs. 40,000/ - against them. She was required to pay a court -fee of Rs. 3,600/ - on the plaint. Since she found herself unable to pay the court -fees she filed a suit as an indigent person giving details of the property owned by her. During the pendency of the said enquiry she also filed an application claiming advantage of the notification issued by the Government of M.P. No. F. No. 9.1 -83 -B -XXI dated 1.4.83 and claimed that since she is a widow whose earning does not exceed Rs. 6,000/ - p.a. and therefore she should be exempted from payment of court -fees. From perusal of the record it appears that the said application was filed by the appellant after passing of the impugned order.

(3.) I have heard the learned counsel for the parties and have also heard Shri K.K. Gupta, Govt. Advocate on the point involved in the appeal. On the application of the appellant being filed the matter was sent for enquiry. The Additional Collector, Indore who held the enquiry had found that the appellant is an indigent person and, therefore, she shall not be in a position to pay the Court fee. For conducting the enquiry evidence of the appellant was also recorded and a memo was prepared mentioning therein that the appellant is a poor widow lady and has no means to pay the court -fees at the time of the filing of said Misc. Judl. Case. Trial Court had also recorded evidence of the appellant as to prima facie he satisfied about the financial status of the appellant and then only the application was registered as such. After receiving the enquiry report from the Additional Collector the same were taken on record.