( 1 ) THE plaintiff moved this Court in December 1977 for permission to file the suit as an indigent person underthe provisions of Order 33 Rules 1 and 2 of the Code of Civil Procedure. The Court granted permission by order dated 22/03/1982. The plaintiff, as a consequence, filed a suit for recovery ofgold ornaments weighing 480 Tolas i. e. 5596. 80 grammes depositedin safe deposit box under receipt No. 17/47 dated 3/06/1947 withthe defendant. Bank or in the alternative for the price thereof amounting to Rs. 3,72,400. The plaint was subsequently amended and theplaintiff claimed recovery of the gold ornaments/jewellery or pricethereof as on the date of the judgment/decree in the suit.

( 2 ) THE brief facts of the case are that late Rai Sahib Mool Chand,father of the plaintiff and defendants 3 to 5 and husband of Smt. Washeshran Devi, who was arrayed as defendant No. 2 but was deleted by the Court s order as she had expired during the pendency ofthe suit was an eminent civil lawyer of the city of Peshawar (nowforming part of Pakistan) in 1947. The said Rai Sahib Mool Chandhad a very lucrative practice as an Advocate and was a regular income-tax payer. He was considere