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1988 Supreme(MP) 124

S.K.DUBEY
VIMALCHAND – Appellant
Versus
GYANMALA – Respondent


Advocates Appeared:
K.B.Joshi, N.K.DAVE

S. K. DUBEY, J.

( 1 ) THIS is a revision under S. 115 of the Civil P. C. against the order dated 6-11988, passed by the District Judge, Dewas in Misc. Civil Case No. 14/84, allowing the application under O. 33, R. 1, C. P. C. of the non-applicant, allowing the non-applicant to sue as an indigent person and ordered the plaint filed by her to be treated as a plaint in the suit and the suit has to proceed in all other respects as a suit instituted in the ordinary manner, except for payment of court fees.

( 2 ) THE main contention of Shri K. B. Joshi, learned counsel for the petitioners (non-applicants before the Trial Court) was that the report of the Collector in respect of pauperism was against the non-applicant, but the learned District Judge, without considering the said report and holding that no report is received, held on enquiry made by it, the non-applicant/plaintiff as an indigrent person. The Court-fees payable on the suit for partition is of Rs. 11,000/- on the share of the plaintiff/non-applicant, which the plaintiff has to receive if ultimately the decree is passed against the defendants. The non-applicant/plaintiff was having ornaments of about 40,000/- to Rs. 50,000/- a









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