1. S.M. ATTIQUE SHAH, J.- Through the present C.M, the applicant seeks exemption from Court fee in view of Order 44 read with Order 33 Code of Civil Procedure, 1908 on the memorandum of appeal arising out of the judgment and decree dated 23.01.2019 of the learned trial Court, vide which suit of the respondent was decreed against the present applicant. Notice was issued to the respondent, who has submitted his reply .
2. Arguments heard and record perused.
3. The applicant has filed the instant C.M for exemption from the Court fee on the ground that he has no sufficient means and resources to affix the requisite Court fee on the memorandum of the appeal. In his application, the applicant stated that he is a daily wager (Deehari dar Mazdoor), is the sole bread earner of his family and has no other source of income to affix the requisi te court fee. He also stated that except a dwelling house, where his family is residing, he has no other property or resources. The application of the petitioner is supported by an affidavit. The respondent could not produce anything in rebuttal which could show that the applicant has enough and sufficient means and resources to af fix the requisite court fee.
4. This Court in view of the provisions of Order 44 read with Order 33 Code of Civil Procedure, 1908 has ample powers to exercise its discretion in appropriate cases and declare a person pauper and allow him to file an appeal in forma pauperis, if he has not enough and sufficient mean s to affix the requisite court fee. As of now, it is settled that when a person has not enough and sufficient means to affix the requisite court fee, neither he could be non- suited due to his poverty and insuf ficiency of resources, nor he could be restrained from seeking relief from the court on the basis of the non-payment of court fee, rather the same would be amounting to condemn a person for none of his fault, which is not permissible under any norms of justice.
5. In view of the above, the instant applicatio n is accepted and the applicant is held entitled to file an appeal in forma pauperis.
6. R.F.A. No.15-D/2019 with C.M. No.17-D/2019.