Petitioner is a senior citizen and in possession of only one room in the family house -- Liberal approach has to be taken, keeping in view the provisions of Order 33 Rule 1 CPC -- Report of the Tehsildar would also go on to show that she does not possess any other immoveable property and therefore, merely because a report has come that the house was newly constructed, it would not imply that the petitioner had sufficient means, as such -- She is drawing Old Age Pension of Rs.2000/- per month would also go on to show the indigence of the petitioner and thus, requiring social security from the State on account of her weak financial position -- Petitioner, thus, does not seem to be of such means whereby she can be held to have the capacity to raise the money to pay the Court fees -- If the same is not permitted, her right to file a first appeal against the suit decreed for recovery would be taken away -- Access to justice cannot be denied to an individual merely because he does not have the means to pay the prescribed fee -- Application under Order 33 CPC allowed.

(P&H HC) Decided on: 22.09.2021