Heard learned Advocate Mr. N.S. Sheth for the applicant.
At the request of learned Advocate for the applicant, opponent No.1 who is the driver of the vehicle is not a necessary party for the purpose of considering this application for seeking permission to sue as an indigent person. So far as respondent No.6 - State of Gujarat is concerned, Mr. Devang D. Dave learned Assistant Government Pleader waives service of Rule.
Accordingly, a case is made out by the applicant who is an agricultural labourer, unable to pay court fees but would like to prosecute the appeal being a claimant. Hence, I am of the view that the application for indigent person be considered accordingly in the interest of justice and prayer is granted in terms of Paragraph 5.A).
Rule is made absolute accordingly. No order as to costs.
Sd/-
(Anant S. Dave, J.) Caroline Top