GANGABAI Vs. SHRIDHAR ANNAJI KULKARNI

JUDGEMENT

(1.) The applicant complains under Section 622 of the Civil Procedure Code that her petition to sue as a pauper was wrongly rejected and that the lower Court exercised jurisdiction illegally.

(2.) The facts on which the lower Court proceeded were these : The Court-fee is stated to be Rs. 1,775, and the Court held that the applicant had property of the value of Rs. 1,600, and on those facts and those facts alone, it determined that the applicant was not a pauper.

(3.) But that is clearly erroneous. Section 401, Civil Procedure Code, shows that a person is a pauper when he is not possessed of sufficient means to enable him to pay the fees prescribed by law for the plaint.