Gujarat High Court Case Information System
Print
MCA/307520/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR INDIGENT PERSON No. 3075 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 1309 of 2006
=========================================================
HASINABIBI
WD/O. YAKUB ISMAIL KALU & 6 - Applicant(s)
Versus
ARIF
IBRAHIM MALJI & 3 - Opponent(s)
=========================================================
Appearance
:
MR
MA KHARADI for
Applicant(s) : 1
- 7.
None
for Opponent(s) : 1 - 3.
MR
JANAK RAVAL AGP for
Opponent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/06/2009
ORAL
ORDER
This
application is filed by claimants with a prayer to permit the
applicants to file first appeals as an indigent persons.
Learned
AGP Mr.Janak Raval for respondent No.4.
Present
application is filed under Order 44 of the CPC. Specific averments
made by applicants that they have no source of income and are not in
a position to pay Court fees as required in first appeal and they do
not have any property and claims Tribunal has also granted permission
to applicants to file claim petition as an indigent persons.
Thereafter, the status of applicants is not improved and their
financial condition has remained same.
Therefore,
considering averments made in this application, supported with
affidavit as well as considering submissions made by both learned
advocates, prayer made in this application is granted and applicants
are permitted to file first appeal as an indigent persons on usual
conditions. Rule is made absolute accordingly.
(H.K.RATHOD,J.)
(vipul)
Top