Balwinder Singh vs Gurdip Kaur

H.S. Bedi, J.—The present petition is directed against the order of the trial Court, whereby the application under Order 33 Rule 1 of the Code of Civil Procedure, filed by the Plaintiff-respondent Gurdeep Kaur has been allowed and she has been ordered to be treated as an indigent person for the purpose of filing the suit in forma-pauperis. The case of the Plaintiff- Respondent is that her brother Balwinder Singh in connivance with certain other persons fabricated a will dated February 15,1985, by which she has been deprived of her share in the property of her deceased mother, Nand Kaur. The trial Court examined the evidence produced by the Plaintiff-respondent and came to the conclusion that she was a co-owner in only 10 marks which was the suit land and had no other property and that this property could not be taken into consideration in determining her status as an indigent person.

I have considered the matter in the light of the findings recorded by the trial Court and of the view that the present petition is misconceived. In the light of the evidence, it is clear that the Petitioner has claimed to be co owner in only 10 marlas of land which is also the subject matter of the dispute pertaining to the will.

For the reasons recorded above, there is no merit in this petition and the same is hereby dismissed with no order as to costs. The parties through their counsel are directed to appear before the trial Court on December 3, 1993.