C H ERAIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Munsiff dismissing the petitioner's application to sue informa pauperis. It is seen from the order-sheet of the learned Munsiff that the petitioner's application was not rejected under Rule 5 of Order XXXIII C.P.C., but was posted for evidence. Having once posted the application for evidence, the learned Munsiff should have followed the procedure set out in Rule 6 of Order XXXIII and recorded the evidence adduced by the parties. Instead of so doing, the learned Munsiff appears to have put a few questions to the petitioner and based his order on the answers given by the petitioner.

(2.) THE procedure adopted by the learned Munsiff is not in accordance with Rule 6 of Order XXXIII. Hence, this revision petition is allowed and the order of the learned Munsiff dated 24-2-1969 is set aside. THE learned Munsiff is directed to take tack the case on his file and to proceed according to law. In this petition, the parties are directed to bear their own coats.