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1986 Supreme(Del) 2

D.K.KAPUR, N.N.GOSWAMY
VRINDA ANAND – Appellant
Versus
MAJOR ARUN ANAND – Respondent


Advocates Appeared:
S.K.PURI, Y.P.Bhasin

D. K. Kapur

( 1 ) THIS is an appeal directed against an order passed in a petition under Order 33, Rule I of the Code of Civil Procedure which is pending on the Original Side of this Court. The petitioner in that case I. P. A. No. 19 of 1974, has sued for return of her Stridhan or alternatively for the recovery of a sum of Rs. 2,39,157. 00 being the value of that Stridhan. She has claimed to be an indigent person not in a position to pay the courtfee required for a suit of this nature. The first respondent in that case is the husband of the applicant. Amongst the property claimed are five National Savings Certificates of seven years maturity. Each Certificates is of a sum of Rs. 1,000. 00 and the maturity value is Rs. 10. 000. 00. These Certificates are Nos. 364930 to 364934. The said respondent, or rather the ex-husband as the divorce has now been granted, offered these five Certificates to the petitioner during her cross-examination. The learned Court had to decided whether the offer of these five 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















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