VIRENDRA KUMAR MATHUR,J. - (1.) This Misc. Application under Order 44 rule 3 CPC has been filed for permission to maintain the appeal as indigent person, as the deceased plaintiff Durga Ram was allowed to sue as indigent person by the trial court.
(2.) It was stated that the plaintiff Durga Ram was allowed to sue as indigent person by the trial court vide order dated 31.07.2009, which was based upon property schedule dated 19.03.2009, affidavit of Durga Ram dated 19.03.2009, report of the Munsarim dated 25.05.2009 and sworn statement of Durga Ram dated 13.07.2009. The deceased Durga Ram was possessed of his entire property having value of Rs. 60,000/- only as per property schedule. He passed away on 23.08.2011 and hence, his heirs, the present appellants, have filed the present appeal against the judgment and decree dated 27.08.2015 passed by the trial court.
(3.) It was also submitted that the deceased plaintiff Durga Ram was only earning person in the family, who had lost his earning capacity since the incident dated 03.07.2008 by electric burns. The appellants herein were impleaded before the trial court due to death of Durga Ram on 23.08.2011. After death of Durga Ram, the appellants were allowed to continue the suit as indigent persons without any further inquiry in the matter. The appellants herein are having no sufficient means of property to pay heavy amount of court-fee to the tune of Rs. 75,065/- and therefore, the present appellants may also be allowed to maintain the present appeal as indigent persons.;