Gujarat High Court Case Information System
Print
MCA/1748/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR INDIGENT PERSON No. 1748 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 4352 of 2007
=========================================================
BHARATBHAI
RAMANBHAI PATEL & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Opponent(s)
=========================================================
Appearance
:
MR.HIREN
M MODI for
Applicant(s) : 1
- 3.
Ms. Kiran Pandey, AGP for State.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 13/08/2008
ORAL
ORDER
Heard
learned Advocate Mr. Hiren Modi for the applicant and learned AGP
Ms. Pandey for the State.
In
response to the notice issued by this court,District Collector,
Kheda at Nadiad has submitted report dated 11th August,
2008 about financial condition of the applicants. Looking to the
report submitted by the District Collector, it appears that the
applicants are having lands in their name and they are also having
business income as well as occupying one Fronty Car bearing No. 5275
value of which could approximately be considered at Rs.1,00,000.00.
However, applicant is suffering from cancer and, therefore, not able
to pay the stamp duty in the first appeal before this court. It is
also required to be noted that the applicant has made averment in
para 2 that the applicants were granted permission by the claims
tribunal to file claim petition as an indigent persons. Of course,
copy of that order has not been annexed by the applicants to the
present applicant but it has been stated by the applicants on oath
before this court and therefore believed by this court and looking
to the fact that once permission is granted by this court to the
claimants to file claim petition as an indigent persons and taking
into account that the applicant is suffering from cancer, therefore,
prayer made in this application para 3(c) is granted and the
applicants are permitted to file the appeal as an indigent persons
under Order 44, Rule 1 of the Code of Civil Procedure on usual
conditions. Report dated 11th August, 2008 submitted by
the District Collector,Kheda at Nadiad is ordered to be taken on
record. Accordingly, this application is disposed of.
(H.K.
Rathod,J.)
Vyas
Top