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1985 Supreme(P&H) 455

M.M.PUNCHHI
Parvati – Appellant
Versus
Ram Chand – Respondent


Judgment

1. This is a revision petition against the order of Shri J. C. Aggarwal, Additional District Judge, Faridkot, whereby he declined permission to the petitioner to file an appeal before him as an indigent person.

2. The broad facts of the case are that Smt. Parwati, the petitioner, filed a suit for maintenance under the provisions of the Hindu Adoption and Maintenance Act, 1956, as an indigent person. Permission was granted to her by the trial Judge in accordance with the provisions of O.33, R.1 of the Civil P.C. Smt. Parwati failed in the suit. She filed an appeal before the Additional District Judge, taking the aid of O.44, Rr.1 and 3 of the Civil P.C. averring on affidavit that since she was allowed to file the suit as an indigent person and had not ceased to be an indigent person since the date of the decree appealed from, her appeal be entertained without payment of Court-fee. The husband-respondent took objection to the continuance of her status as an indigent person and avail concession. There upon, the appellant Court framed the only issue: "Whether the appellant-petitioner ceased to be an indigent person after the passing of the impugned decree? OPR."

3. The husband-



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