Honble MATHUR, J.–The instant appeal is directed against the order of the learned Single Judge dated 30.01.2004 dismissing the appellants application under Order 33 of the Code of Civil Procedure, 1908, seeking permission to file appeal as an indigent person.

(2). The necessary facts giving rise to the instant appeal are that the appellant Smt. Manjulata married to Dr. Jagdish Jugtawat on 15.2.1982. Out of the wedlock, she gave birth to a male and a female child. Her husband Dr. Jugtawat contracted the second marriage on 28.6.1999 with one Suman and started living separately in a house at Chopasni Housing Board, Jodhpur. The appellant continued to reside with both her children viz; Deepak aged about 21 years of age & Rakhi aged about 19 years in the House No. 62-A, Shastri Nagar, Jodhpur. Admittedly, no divorce has taken place between the appellant and Dr. Jugtawat and, as such, the marriage still subsists. The respondent Sidhkaran, father of Dr. Jagdish Jugtawat, filed a suit for possession of the house in which the appellant is living. The suit has been decreed by the Court of learned Additional Sessions Judge No. 2, Jodhpur vide judgment & decree dated 29.4.2000. The appellant ha

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