N.L.UNTWALIA
Dulhin Suraj Mukhi Devi – Appellant
Versus
Jokhu Raj – Respondent
Certainly. Based on the provided legal document, here are the key points:
The case involves three sisters seeking permission to sue in forma pauperis, meaning they requested to proceed without paying court fees due to lack of sufficient means (!) .
The initial court rejected their application, reasoning that they inherited property from their father and were not paupers, thus presumed to have sufficient means to pay the court fee (!) .
The court below considered the value of the property inherited by the sisters and concluded they possessed property worth more than the court fee, thereby disqualifying them from pauper status (!) .
The appellate court emphasized that the relevant inquiry is whether the applicant has sufficient means to pay the court fee, which should be assessed practically, considering whether the applicant can raise money by alienating their property, either actual or legal possession (!) (!) .
It was noted that the property inherited from the father at the time of the hearing could be considered, but the court found that the sisters would likely be unable to raise the necessary funds by alienating their shares in the property, especially given the debts and the value of the land (!) [8000036870002][8000036870004].
The court highlighted that the question is not merely about the possession of property but about the applicant’s ability to raise sufficient funds to pay the court fee, based on a practical assessment of the circumstances (!) (!) .
The court identified an error of jurisdiction in the lower court’s decision, which was based on an incorrect view that the sisters possessed sufficient property, without adequately considering whether they could practically raise the fee (!) .
Ultimately, the appellate court reversed the lower court’s decision, found that the sisters did not possess sufficient means to pay the court fee, and granted them permission to sue in forma pauperis (!) (!) .
The case was remanded with the order to allow the application, emphasizing a practical approach to assessing financial incapacity (!) (!) .
No costs were awarded in the final decision (!) .
Please let me know if you need a more detailed summary or specific legal analysis.
N.L.Untwalia, J.
1. The three plaintiff-petitioners in this civil revision application are full sisters. They are daughters of Awadh Behari Singh, from his first wife. They filed a suit, in respect of some properties of their maternal-grand-father, and sought permission to sue in forma pauperis. The learned Subordinate Judge, by his order dated the 27th September, 1969, has rejected their application for permission to sue in forma pauperis. They have come up in revision.
2. It has not been found by the court below that the petitioners were possessed of any property or had means to pay the requisite court-fee on the date of their application, which was filed in the year 1968. What happened, however, at the time of the hearing of the application was that the petitioners father Awadh Behari Singh was dead. He died a few days before the commencement of the hearing. According to the evidence. Awadh Behari Singh left a few bighas of land, in which the petitioners also would have some share. The learned Subordinate Judge did not go into the disputed question of the share of the petitioners in the land left by their father, but, on their admission, he came to take the view that all
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