RAM NATH Vs. LAXMI DEVI

JUDGEMENT

(1.) Present revision petition has been filed by the petitioners against impugned order dated 28th May, 2010, vide which objections under Section 47 of Code of Civil Procedure (for short as, Code) filed by the petitioners were dismissed.

(2.) Brief facts of this case are that Smt. Laxmi Devi (since deceased) and others, in 1971 filed an application under Order 33 Rule 1 of the Code, seeking leave to sue as Forma Pauperis, against defendant Ram Nath (since deceased).

(3.) Trial court, vide its order dated 17th July 1973, rejected that application with costs of Rs.50. Smt. Laxmi Devi and others were directed to deposit the requisite court fee by 17th August, 1973. Since, order dated 17th July, 1973, was not complied with, the trial court rejected the plaint under Order 7 Rule 11 of the Code.