DILIP KUMAR MODAK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A.M. Lodh, the learned senior counsel appearing on behalf of the appellant and also heard Mr. U.R. Saha, the learned senior Government Advocate assisted by Mr. T.D. Majumder, the learned Addl. Govt. Advocate for the respondents.

(2.) This appeal has been filed under section 96 of the CPC against the order dated 19-1-2001 passed by the learned Civil Judge, Senior Division No. 2. West Tripura. Agartala in suit No. M.S. 110/1999.

(3.) Upon hearing the learned counsel of both sides it is found that the plaintiff, appellant herein filed a suit which was registered as M.S. 110/ 1999 in the Court of learned Civil Judge, Sr. Division No. 2, West Tripura, Agartala. The suit was for a claim of a sum of Rs. 2,41,396. Along with this suit the plaintiff also filed a separate application seeking leave of the court to file the suit as an indigent person under the provision of order 33 of CPC. This application was registered as Misc. (P) No. 123 of 1999. It appears that the said application was taken up for hearing under the provision of Order 33 and ultimately by an order dated 19-1-2001 the application seeking leave of the court to sue as an indigent person was rejected. Consequently, the impugned order dated 19- 1-2001 was passed in the main Money Suit No. 110/99 dismissing the suit.