7 . The present applicant/appellant has stated on oath that there is not change in the financial condition of the applicant/appellant. On the other hand, as per the report dated 20.9.2016 of the Collector, the applicant is holding land bearing Survey No.913/2, 914/3 and 246 area 0.17 acres and 0.63 acres and in both the lands one Narad Singh is cultivating. The present applicant is a retired chowkidar. As per the report, entire family of the applicant consist of two married sons and one married daughter and the annual income of the whole family of the applicant is Rs.3,60,000/-. But the said report has not disclosed the independent income of the applciant as required under the law. Also the trial Court granted exemption to the applicant on the basis of the notification issued under Section 35 of the Court Fee Act after holding that annual income of the applicant as Rs.20,000/- only. Presently before this Court, the applicant has stated on oath that financial condition of the applicant is same as it was before the trial Court in compliance of order 44 Rule 3 of the CPC.
