TULSI DAS Vs. MADAN LAL

JUDGEMENT

(1.) This Civil Revision, under S. 115 of the Code of Civil Procedure, 1908 hereinafter called the Code, is directed against the order dated 5th May,1989, passed by the Civil Judge. Hapur,in original Suit No. 377 of 1980, permitting the plaintiff in the suit and opposite party first set in the instant revision to sue as pauper.

(2.) Sri M.D. Singh, learned counsel for the applicants has advanced following two contentions to assail the impuged order ; (a) the court below permitted the opposite party to sue as indigent person in contravention of the provisions of Order XXXIII of the Code inasmuch as there was no proper application on behalf of the plaintiff opposite party as envisaged by the provisions of Order XXXIII of the Code: (b) the impugned order is in contravention of the order dated 20th January, 1989, passed by this Court in Civil Revision No. 283 of l982. arising out of the suit giving rise to this revision.

(3.) This Court while allowing the Revision No. 283 of 1982 aforesaid had allowed the application of the plaintiff-opposite party for amendment. The amendment application. inter alia, sought permission to add a paragraph in the plaint of the suit in the following terms : " 26-C That the Trust (waqf)in question is not possessed of sufficient means other than the disputed property to enable it to pay the court -fees prescribed by law . Hence this suit being filed as a suit by indigent person.''