VENKATAMMAL Vs. MUTHUKRISHNA NAIDU

JUDGEMENT

(1.) This S.R. is sought to be presented as a Civil Revision Petition under Section 115 of the Civil Procedure Code against an order dismissing O.P. No. 583 of 1955 on the file of the Sub-Court, Coimbatore, for non-payment of Court-fee within the time allowed after refusing leave to the plaintiff to sue in forma pauperis.

(2.) On this the office has raised an objection as to how a Civil Revision Petition is maintainable against an order rejecting the Original Petition for non-payment of Court-fee.

(3.) On this point there are two decisions of our High Court, namely, one by Pan-chapakesa Ayyar, J., in Bommi Setti Ramayamma,1954 1 MadLJ 544 , and the other by Basheer Ahmed Sayeed, J., in Munian V. Kesava Pandithan, 1955 1 MadLJ 452.