PRAKASH Vs. SHAILA

JUDGEMENT

(1.) Petitioner has filed the present petition being aggrieved by the order dated 30.4.14 by which application under Order 33 Rule 2 CPC filed by the plaintiff/respondent No.1 has been allowed and she has been permitted to sue as indigent person.

(2.) Facts of the case are as under. Respondent No.1/plaintiff filed a suit for declaration, partition and possession against her brother, father, mother and sister who are petitioner and respondents No.2 to 4. Along with the plaint she filed an application under Order 33 Rule 2 CPC that she is not having sufficient means to pay the Court fees of Rs.1,50,000/-, therefore, she may be permitted to sue as indigent person. Plaintiff has valued the suit on the basis of market value of the property i.e. Rs.80 lacs. In the application under Order 33 Rule 2 CPC she has stated that she is working as Anganwadi worker and getting salary of Rs.2500/- per month. She has to maintain two daughters. Her husband is working as driver and earning Rs.2500/- per month. She has to pay rent and she has limited house hold articles worth of Rs.1500/- and clothes worth Rs.1000/-.

(3.) Notices were issued to the defendants on the said application and the present petitioners as defendant No.2 & 5 filed detailed reply to the application. In the reply it is submitted that the petitioner has not approached with clean hands and suppressed most of the important facts. That the plaintiff herself has executed an agreement in favour of the defendant No.2 and his wife who are her natural parents admitting that the suit house is inherited by her father and uncle by way of will executed by grand father Shivnarayan on 4.7.1988 and he has no right, title and interest in the said house. She has also admitted that at the time of marriage gold and silver ornaments along with domestic items were given to her. Even at the request of plaintiff her parents have already given her Rs.2,00,000/- by way of four demand drafts of Rs.49,000/- each along with cash of Rs.4,000/- for fulfilling the residential needs of her family. The said demand drafts have been deposited in the joint bank account of the plaintiff and her husband, therefore, plaintiff has sufficient means to pay the Court fees.