ADAVALA UPENDRA RAO JANARDHANA RAO Vs. STATE

JUDGEMENT

(1.) The office has raised an objection to the effect that the applicant-appellant has to pay process fee on the application to permit him to appeal as an indigent person.

(2.) The correctness of this objection is assailed by Sri C N Babu, counsel for the applicant, on the ground that his client is entitled to file the application as well as the appeal without paying the process fee and the court fee respectively, as he was allowed to sue as an indigent person in the court from whose decree the present appeal is preferred by him.

(3.) This claim of the applicant is resisted by the Government pleader for Home contending inter-alia that the applicant has to pay the process fee, because until he has been allowed to prefer the appeal as an indigent person in this court, he cannot be treated as an indigent person and the decision whether he can be treated as indigent person or not can be taken only after issuance of not! e to the respondents.