SUBEDAR ANOOP CHAND Vs. BHONRILAL

JUDGEMENT

(1.) THIS is an application by the plaintiff Anoop Chand for leave to file a first appeal in forma pauperis against the judgment and decree of the Civil Judge, Jaipur City dated 30 -4 -1952. The applicant's suit in the trial Court was that the defendant Ram Das had borrowed from him Rs. 6,000/ - and agreed to mortgage his property and execute a mortgage deed. It was alleged that the defendant had failed to keep his promise and therefore, it was prayed that either a decree for the specific performance of the contract relating to the execution of the mortgage deed be passed against the defendant or, in the alternative a decree for Rs. 6,000/ - with interest at the rate of 12 per cent P.A. with costs be given against him.

(2.) THE defendant Ram Das traversed the suit saying that he did not sign the agreement dated 12 -2 -1948 put forward by the plaintiff, that his signatures were obtained only on a blank paper by coercion and that he had not obtained any loan from the plaintiff. The trial Court found the case in favour of the defendant and dismissed the plaintiff's suit. The plaintiff, therefore, wants to prefer an appeal to this Court. In the trial Court he had paid the court -fees but now he says that whatever money he had in his possession he had lent it to the defendant, that he could not pay even the costs of the decree of the trial Court, that the defendant, therefore, got his belongings attached and now he is not left with anything except some clothes and utensils worth about Rs. 50/ -.

(3.) THE defendant -opposite party has challenged the application saying that the petitioner is not a pauper. Learned advocate for the opposite party has further raised the following two preliminary objections.