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Ayush (Advocate)     08 March 2011

Court fee issue

I got a case of specific performance decreed in my favour. The defendant has been directed to get the sale deed registered in my favour. Now he has filed the appeal where he has accompanied an application to file the suit as pauper with the appeal. He says he cannto make the court fees because he has no other means to deposit the court fee except the property in dispute. Now the legal point arises, whether a person who has disputed property only can be allowed to file appeal as indigent person despite the fact that he has got agriculture income from that property.

Please help me with an authority in this regard.



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