MANGLU CHHATAR Vs. MAHESWAR BHOI

JUDGEMENT

(1.) The plaintiffs filed a suit for damages against the defendants. The requisite court-fee payable is Rupees 873.00. Plaintiffs filed a petition for leave to sue as indigent persons inasmuch as they are not able to pay the court-fees and are not possessed of assets so as to enable them to pay the court-fees. This application was challenged by the defendants. The trial Court has rejected the petition filed by the plaintiffs for leave to sue as indigent persons on the ground that they being weavers have got their weaving materials and P. W. 1 has also said that the petitioners are daily labourers and they get Rs. 3 to Rs. 4. each per day as wages. The trial Court has found that as the plaintiffs are living separately, earning daily wages and are possessed of weaving materials, they could combinedly pay the court-fees. This appeal is directed against the aforesaid order.

(2.) Plaintiffs have adduced evidence to the effect that they being weavers, they earn daily wages. It is contended on behalf of the olaintiffs-appellants that according to the provisions of Order 33, Rule 1, Explanation l (a), the daily wages of a labourer cannot be taken into consideration to come to a finding that he is able to pay court-fees. This provision says, a person is an indigent person if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit.) to enable him to pay the fee prescribed by law for the plaint in such a suit. This provision clearly says that the subject-matter of the suit is not to be considered as assets that would enable the party to pay the court-fees. So also the property which is exempt from attachment is not to be considered as assets of the party so as to enable him to pay the court-fees. Explanation I (a) is clear on the point that not only the subject-matter of the suit but also the properties which are exempted from attachment in execution are also not to be taken into consideration.

(3.) Section 60 of the Code of Civil Procedure gives a list of the properties exempted from attachment. Proviso to Sub-section (1) of Section 60 provides as follows;-