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1974 Supreme(Guj) 41

J.B.MEHTA
RAMBHAI PUNJABHAI VINCHIYA – Appellant
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION,ahmedabad – Respondent


Advocates Appeared: KAMAL MEHTA, R.M.Mehta

J. B. MEHTA, J.

( 1 ) THE claimant who had met with a Motor accident has filed a claim of compensation before the Tribunal of Rs. 30 0 and as he had no means to enable him to pay the requisite court-fee amount of Rs. 950/he had prayed for instituting the proceeding as pauper under O. 33 R. 1. The learned District Judge who was acting as a claims Tribunal having dismissed this application on the sole ground that the claimant had two cows and one buffalow worth Rs. 1400/from which he could raise the necessary funds for the purpose of paying the aforesaid courtfee amount the claimant has filed this revision application.

( 2 ) UNDER O. 33 Rule 1 explanation a person is a pauper when he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit. This provision has been enacted by the legislature with the object to enable poor persons who are too poor to pay the court-fee to file their suits without the payment of necessary court-fees. It is in the light of this object behind the salutory provision that the expression sufficient means has to be interpreted. In Ramanuja Ayyangar v. V. S. Gopalan and another A. I. R. 1934 Madras P. 561 Ra




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