AIR 1986 PUNJAB AND HARYANA 217 ::1986 Rev LR 89 ::(1986) ILR 1 P&H 285 ::(1986) 1 HinduLR 96 ::1985 (2) 88 Pun LR 649 ::ILR (1986) 1 P&H 285

Punjab And Haryana High Court

Hon'ble Judge(s): M. M. Punchhi , J

Civil P.C. (5 of 1908) , O.33 R.1, S.60(i)— Pauper suit - Indigent person -Determination of - Arrears of maintenance amount received by wife are not to be reckoned. A person is an indigent person if he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit. In determining that status, property exempt from attachment in execution of a decree and the subject-matter of the suit is not to be reckoned. A combined effect of provisions of S.60(i) and O.33, R.1 is that the arrears of maintenance in the hand of the wife, whether spent or unspent being exempt from attachment are not property which can be reckoned towards determining the question whether she was an indigent person to pursue her cause in suit or appeal.(Para 4)