VIDYUDAVALLI THAYAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS S. R. purports to be filed as a civil miscellaneous appeal against the order of the City Civil Court refusing leave to file a suit in forma pauperis on the ground that the appellant is possessed of means.

(2.) A preliminary point for determination is whether this is maintainable as a civil revision petition or civil miscellaneous appeal. It has been held by this Court recently that When an application to file a suit in the pauper form is rejected and time is given for the payment of court-fee and then the court-fee is not paid within the time prescribed, the remedy of the petitioner is not by way of a revision against the order rejecting the original petition for non-payment of the court-fee but by way of an appeal. The decisions bearing on this subject have been reviewed in my order in Venkatammal v. Mathu Krishna Naidu, S. R No. 13674 of 1957, dated the 23rd July, 1957 (Mad) (A) wherein I followed Bommi Setti Ramayamma in re, (B) and Satyanarayanacharyulu v. Ramalingam, (FB) (C) and dissented from Munian v. Kesava Pandithan, (D ). That case was not allowed to he filed as a civil revision petition and the party was directed to file an appeal if she was so advised.

(3.) THIS case cannot therefore be filed as a civil revision petition. It can be filed only as a civil miscellaneous appeal, which is what the petitioner has purported to do.