SAHAZABIBI ALIAS SAHIDABIBI Vs. KUNWAR BAG

JUDGEMENT

(1.) THE order of the Subordinate Judge, Cuttack allowing an application under Order 33. Rule 1. Code of Civil procedure (hereinafter referred to as the ''Code '') permitting to sue as an indigent person is being challenged in this revision.

(2.) ACCORDING to the Plaintiff the court -fee payable on the plaint is Rs. 603/ -, and he does not possess sufficient means to pay the same and 'has not got any immovable property except the property which is the subject -matter of the suit. It has also been averred in the application that there has been no disposal of property by him within two months from the date of presentation of the application.

(3.) IN course of hearing of that petition before the Subordinate Judge the Plaintiff -Petitioner examined himself and no evidence was led I on behalf of Defendant -opposite party No. 1. On the basis of the evidence led, the Subordinate Judge has come to the conclusion that the Petitioner is an indigent person and has not disposed of any property within three months from the date of presentation of the application under Order 33, Rule 1 of the Code. He has further held that the Petitioner has not entered into any agreement with reference to the subject -matter of the proposed suit and that no person has entered into an agreement with the Petitioner to finance the litigation. On the question of the defence plea that the suit is barred by the principles of res judicata, the learned Subordinate Judge has rejected the said contention and accordingly allowed the application permitting the Plaintiff -Petitioner to sue as an indigent person.