BHEEMESWARASWAMY VARU Vs. STATE

JUDGEMENT

(1.) C.M.P. No. 7846 of 1953 is a petition filed for leave to appeal in forma pauperis against the Judgment and Decree of the Subordinate Judge's Court, Ongole, in O.S. No. 25 of 1952. This Court granted leave and directed notices to issue to the respondents returnable in two weeks on the question of pauperism. This order was made on the 18th of September, 1953. The petitioner filed notices for service of process on the respondents. But the notices issued to respondents 2, 7 and 18 were returned unserved and intimation was given to that effect on the notice- board of the Madras High Court on the 3oth of April, 1954. The petitioner was directed to pay fresh batta within 15 days from the date of intimation in pursuance of rule 60 (2) of the Appellate Side Rules. The batta was not paid within the time given but was paid only on the 6th August, 1954.

(2.) Under Rule 12-B of the Appellate Side Rules, the time prescribed under thosen Rules for the doing of any act shall be extended only on an application made by a stamped petition. Under the footnote to rule 12-B of the Appellate Side Rules an informal application with a Court-fee of Rs. 2 to extend the time beyond 15 day allowed under rule 60 (2) has to be filed, and the batta memo, filed by the petitioner was returned by the office for filing the said informal application. The learned advocate for the petitioner relying on Order 33, Rule 8 of the Civil Procedure Code has contended that he need not pay any Court-fee on petition for the informal application.

(3.) I have given notice to the Government Pleader and heard him. Order 33, rule 8 of the Civil Procedure Code, reads thus :-