- (1.) Heard learned counsel for the parties.
(2.) This appeal has been filed against the impugned order dated 20-11-2003 passed by the Civil Judge (Senior Division), Kanpur Nagar rejecting the petitioner's application under Order XXXIII C. P. C. by which he claimed to be indigent and prayed for permission to sue accordingly.
(3.) In his affidavit filed along with his application before the Court below the appellant stated in paragraph 3: "That the deponent has the following property in his name: (1) the deponent is partner in the firm M/s Avi Industries having sufficient capital in his Capital A/c but the same is in the form of fixed assets, not in cash. (ii) the deponent has one scooter No. UP-78-E-0406 (iii) the deponent has only his saving Bank A/c at Kanpur in Bank of Baroda Br. Balance of Rs.4,663.80 and another S.C. A/c in Dena Bank Br. Balance Rs.521.00. (iv) the deponent has got shares (book value) Rs. 30,000.00 but not in cash in hand.";