DAU LAL Vs. KHANG SINGH

JUDGEMENT

(1.) THIS is a revision application by one Paulal against an order of the Senior Civil judge, Jodhpur, dated 22-8-56. The application has been contested on behalf of khang Singh.

(2.) THE facts which have given rise to this application are these. Paulal instituted a suit as a pauper against Khang Singh for the recovery of a sum of Rs. 10234-4-3 on 27-1-55. On 1-8-56 the court passed an order refusing to allow him to sue as a pauper and directed him to pay court-fee by 22-8-56. The applicant did not pay the court-fee but presented an application on 22-8-56 requesting the court to extend the time for payment of court-fee by one month. Two grounds were given in this application. One was that the applicant had not been able to procure sufficient money to cover the court-fee and the other was that he wanted to file a revision application against the order of the court dated 1-8-56 dispaupering him. The application purported to be under Section 148 C. P. C. On this application the court passed the following order : -

(3.) ON behalf of the respondent a preliminary objection is taken that the order of the court amounted to a rejection of the plaint and no revision lies against it as it is appealable. In support of the preliminary objection reliance is placed on the following decisions : in re Ramayamma, AIR 1954 Mad 880; In re Vidyudavalli Thayar, AIR. 1959 Mad 14; Badri Nath v. State of Pepsu, AIR 1957 Pepsu 14. On behalf of the applicant reliance was placed on --Munian v. Kesava, AIR 193. 5 Mad 467; In re Subrahmanyam, (S) AIR 1955 Andhra 74 (FB); Narsingh Pas v. Rati Ram, AIR 1956 Hyd 41.