APPALA VENKATESWARLU Vs. AMARTHALURI SUBBARAYUDU

JUDGEMENT

(1.) This revision petition is directed against the order of the Subordinate Judge, Kavali, dated 10th October, 1966, made in I.A. No. 51 of 1965 in O.S. No. 58 of 1963, refusing to dispauper the respondent herein on an application filed by the petitioner under Order 33, rule 9, Civil Procedure Code.

(2.) The respondent was alloyed to sue in forma pauperls after due notice to this petitioners and others and also the State, as it was found that he was not in a position to pay the Court-fee which is said to be more than Rs. 2,500 in the suit. Subsequently, the petitioners, who are defendants 4, 29 and 40, filed a petiticn under Order 33, rule 9, Civil Procedure Code, for dispaupering the respondent on the ground that he had not disclosed his entire assets at the time when he filed the petition for leave to sue as pauper. It was mentioned that he possessed a house bearing door No.4/112 in the Panchayat of Ulavapadu village which is his ancestral property, that he owned causuarina plantation standing on acres 2-86 of Sivai Jama land in Kollurupadu Rajupalem from which he realised Rs. 200 and which will fetch him Rs.1,000 more, and that the respondent has cash of Rs. 2,000 in the bank and was capable of paying the Court-fee.

(3.) The respondent contested the petition and stated that he has no right whatsoever in the houst in which he was living. The land in his possession is Sivai Jama, and did not belong to him. He also denied having realised Rs. 2,000 from the sale of casuarina trees. It was further urged by him that the petition was barred by res judicata. The learned Subordinate Judge, on a consideration of the statements of the 1st petitioner and the respondent, and also some certified copies of documents, came to the conclusion that there were no sufficient grounds for dispaupering the respondent, and in that view dismissed the petition. The Revision is filed against this order.