ASHA DEVI Vs. DEVI DAYAL

JUDGEMENT

(1.) This application in revision, by the petitioner, is under Section 115, Civil P. C., which will hereinafter be referred to as 'the Code', against the order of the Court below refusing her application for permission to sue in forma pauperis.

(2.) The petitioner made an application, under Order 33, Rule 1 of the Code, accompanied by the plaint of her proposed suit, in which she claimed declaration of her title to and recovery of possession of the suit lands. The total value of the suit was Rs. 21,000/- on which the court-fee payable was Rs. 1810-25nP. In her petition, she declared that she was a pauper and all the articles of property she was in possession of were worth only Rs. 38-75 nP.

(3.) The application was opposed simply on the ground that the petitioner was not a pauper, as she had the means to pay the requisite court-lee.