KALAWATI DEVI Vs. CHANDRA PRAKASH

JUDGEMENT

(1.) One Ganga Prasad instituted the suit in 1944 as a pauper. He prayed for permission to sue as pauper. The necessary permission was granted. Issues were framed on the 18th November, 1946. Ganga Prasad died on 39-11-10-10. Smt. Kalawati, his sister applied to be added as a party to the suit as Ganga Prasad's legal representative. She just mentioned in the application that she was also a pauper hut she did not make any formal prayer in the application that she be either allowed to sue as pauper or to continue the suit as a pauper. On the 10th August, 1949 the court ordered that she he added as a party as legal representative of Ganga Prasad. The court then proceeded into an inquiry whether she was a pauper and held on the 17th February, 1950 that she was not a pauper, and therefore she should pay the requisite court-fee.

(2.) Kalawati then filed a revision in this Court contending that she should have been allowed, as legal representative, to continue the suit as provided under Order 33 Rule 8 of the Code of Civil Procedure, that she could not be ordered to pay court-fee when there was no application by the defendant or the Government Pleader under Order 33 Rule 9 of the Code and that it was not necessary for her to prove for the purpose of continuing the suit that she was a pauper.

(3.) This revision came up for hearing before brothers Mukerji and Tandon. They differed and then passed an order on 31-7-1957 to the following effect :