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Judgment
Roe, J.—In this case the petitioner is aggrieved by an order of the Subordinate Judge of Muzaffarpur refusing her application to sue in forma pauperis, on the ground that her husband is a man of means. There has been no finding and indeed no enquiry as to what the means of the applicant herself are. We, are of opinion that the fact that the husband has property is not sufficient proof that the lady herself has property from which Court-fees in the case can be paid. We, therefore, remand the case for retrial and direct that the learned Subordinate Judge direct his mind to the real point in issue, whether or not the lady herself is a pauper within the meaning of the Act, and upon the result of that enquiry dispose of the application in accordance with law.
Imam, J.
I agree.