- (1.)However, unless we have evidence to prove the value of the properties or the share the petitioner has in these properties, it would not be possible to hold that he is possessed of sufficient means to pay the requisite court fees.
(2.)The question whether or not the petitioner is possessed of sufficient means to enable him to pay the requisite court fees, will have to be decided in the light of the decision of this court in Rambhai's case reported in AIR 1975 Guj. 94. It would not be possible to come to the conclusion one way or the other, unless valuation of the properties inherited by the petitioner is ascertained.
(3.)The fact remains that there was no material or evidence on record to prove what value of the properties inherited by the petitioner from his father. The petitioner was already granted permission to sue as indigent person. The question before the Court was to dispauper him on the application made by respondent No. 1. Therefore, unless it was established that the petitioner's means are such that he ought not to continue to sue as indigent person, he could not have been dispaupered.
Rule made absolute.