( 1 ) THIS is an appeal directed against an order passed in a petition under Order 33 Rule 1, Civil Procedure Code which is pending on the original side of this Court The petitioner in that case I. P. A. No. 19/84, has sued for return of her istridhan or alternatively for the recovery of a sum of 2,39,157. 00 being the value of that intridhan . She has claimed to be an indigent person not in a position to pay the Court fees required for a suit of this nature. But respondent in that case is the husband of the appellant. Amongst the property claimed are 5 National Savings Certificates of 7 years maturity. Each certificate is of Rs. 1,000. 00 and the maturity value is Rs. 10,000. 00. These certificates are Nos. 364930 to 364934. The respondent, or rather the ex-husband, as the divorce has now been granted, offered these 5 certificates to the petitioner during her cross-examination. The learned Court had to decide whether the offer of these 5 certificates meant that the petitioner ceased to be an indigent person because this" property of value between Rs. 5,000. 00 and Rs. 10,000. 00 would mean that she would be in a position to pay the court fee.

( 2 ) THE Court cam