VIDHYA CHAND Vs. SHAIMU DEVI

JUDGEMENT

(1.) This revision is directed against the order passed by learned District Judge, Kinnaur Division at Rampur, dated 19-3-2002, whereby he has allowed the application of the Respondent-wife to sue as an indigent person under Order 33, Rules 1 and 2/Section 151 of the Code of Civil Procedure , 1908.

(2.) Record of the trial Court which was summoned shows that an application under Order 33, Rule 2 of the Code of Civil Procedure, 1908 was filed before the District Judge, Kinnaur Division at Rampur on 13-9-2001. Its presentation reads as under: 13.9.2001:

(3.) Defendant (Petitioner herein) appeared in this case and filed his reply-cum-objections to the application under Order 33, Rule 2 of the Code of Civil Procedure, 1908. Numerous pleas were raised by him. According to him, the application as filed was not competent because mandatory provisions of Rules 2 and 3 of Order 33 of the Code of Civil Procedure, 1908 had not been complied with. In addition to this, it was also pointed out that the Respondent-wife is possessed of adequate property and thus is able to affix the court-fee. Trial Court framed the following issues on 6-11-2001: