(1.) The order in this appeal shall also govern disposal of Misc.Appeal No.1 of 1989 (M/s. Nandkishore Mohanlal v. Bissesarlal Gupta and Co. and 4 others) Misc.Appeal No.2 of 1989 (M s. Nand Kishore Mohanlal v. Murlidhar Brijlal and 2 others).
(2.) The appellant, plaintiff is a partnership firm registered under the Indian Partnership Act, 1932. In a suit for recovery of Rs. 1,05,965-70 against the respondents, since the firm was unable to pay requisite court-fee of Rs.5405/-, it applied under Rule 1 of Order 33 of the Code of Civil Procedure (hereinafter referred to as 'the Code') to sue as an indigent person, which was registered as M. J. C. No.2 of 1977.
(3.) In Misc.Appeal No.1 of 1989, the suit filed by the same plaintiff for recovery of certain amount against another set of defendant was registered as M.J.C. No.10 of 1978. Yet in another suit for recovery of money against the respondents in Misc.Appeal No.2 of 1989 the same plaintiff sought permission to sue as an indigent person. After recording evidence and receipt of a report from the Collector the trial Court permitted the plaintiff to issue as an indigent person. The suit was accordingly registered as C. S. No.23-B of 1977.