SAMIR KARPARDAR Vs. SUSIL KUMAR KARPARDAR

JUDGEMENT

(1.) Certified copies of the depositions of the petitioner and opposite party No. 1 have been filed by the petitioner.

(2.) Heard learned counsel for the petitioner and this civil revision is disposed of by dismissing the same at the stage of hearing on admission for the reasons recorded below.

(3.) A decree for money has been passed against the petitioner by the Civil Judge (Senior Division), Deogarh in Money Suit No.1 of 1994. As against that he has preferred an appeal under Order 41 of the Code of Civil Procedure, 1908 (in short 'the Code'). As noted in the impugned order petitioner is to pay a court-fee of Rs. 3,021/- on the appeal memo. Instead of making payment of such court-fees petitioner applied for exemption as an indigent person. Such application filed under Order 44, Rule 1 of the Code was registered as Misc. Case No. 10/1 of 1998-2000 and learned Addl. District Judge, Deogarh after conducting the inquiry in accordance with Rule 3 of Order 44 of the Code, on 29-11-2002, rejected that application and directed the petitioner to make payment of the court-fees. He challenges that order in this application under Section 115 of the Code.