DWARKABAI Vs. SAKHARAM

JUDGEMENT

(1.) 1. The applicant applied for permission to appeal as a pauper. The Court from whose decision the appeal was preferred was directed to enquire whether the applicant was on 18th December 1928 in possession of (1) house property claimed in the State of Bhor and (2) property which formed the subject matter of the suit, and whether the property of either class and also of both classes taken together is sufficient for the fee prescribed by law.

(2.) I need not consider the finding regarding the house property and land in the State of Bhor. It appears that this property is in reality the property of the sons of the applicant: the non-applicants admit this. The trial Court has found that the applicant was on 18th December 1928 in possession of jewellery and gold, property, which formed the subject matter of the suit, of ample value to cover the fee prescribed by law. The applicant has objected to this finding. In her evidence she udmits that ornaments worth about Rs. 25,000 were taken in possession by her on the death of vithal and remained with her till about two years ago. Her assertion is that from time to time she used to hand over ornaments to her son Vinayak or Baboo in order that he might sell them and incur expenses. She is not able to give any details and she has not examined her son Vinayak: clearly it would have been possible for her to examine Vinayak and the persons to whom Vinayak sold the ornaments and thus furnish very strong evidence that most of the ornaments had been sold: it should not be difficult to furnish proof of the disposal of ornaments of considerable value.

(3.) I have next to consider whether the applicant was on 18th December 1928; "pauper," as defined by the explanation to Rule 1, Order 33, Soh. 1, Civil P.C. This-explanation runs: A parson is a 'pauper' when he is not ppssessed of sufficient means to enable him to-pay the fee prescribed by law for the plaint ins such suit, or, where no such fee is prescribed, when he is not entitled to property worth Rs. 100 other than his necessary wearing apparel and the subject matter of the suit.