B L KALACHAR Vs. VIJAYA BANK

JUDGEMENT

(1.) In O.S. No. 230/1982 before the Court of Civil Judge at Bhadravathi, there was a Judgment and decree dated 30-6-1989/7-7-1989 made against the appellants for payment of a sum of Rs. 4,26,000-00 to Vijaya Bank on account of money which had been lent. That decree was sought to be appealed by the appellants and they filed an appeal before this Court. When they filed the appeal, they made an application to permit them to prosecute the appeal as indigent persons invoking the provision under Order 44, Rule 1(1) of the Code of Civil Procedure, 1908 (for short 'the Code'), which reads :

(2.) The order in the instant case is made by the learned Single Judge not inexercise of his original jurisdiction envisaged under the High Court Act, but in exercise of his appellate jurisdiction under sub-rule (1) of Rule 1 of Order 44 of the Code. When that is the position, we find that the present original side appeal of the appellants, who were the appellants in the regular first appeal filed before the Court and who had made the application along with that appeal for permitting them to prosecute the appeal as indigent persons, cannot be maintained.

(3.) In the result, we reject this original side appeal as unmaintainable.