KHUDA BUX Vs. ABDUL RAHIM

JUDGEMENT

(1.) THE facts giving rise to this revision petition under Section 115 of the Code of Civil Procedure ("the Code"), against the order dated 24. 01. 1990, are as under : -

(2.) AN application under Rule 1 of Order 33 of the Code, was filed by Mst. Khatoon, the predecessor-in-interest of the present petitioners, claiming certain rights in the property in dispute and praying that she be declared as an indigent person and be allowed to sue, without paying the necessary court fee. The application was opposed by the respondents. Before the inquiry about the status of Mst. Khatoon could be concluded and her request for being permitted to sue without paying the necessary court-fee could be examined, she died, and thereupon, an application under Order 22, Rule 3 of the Code, was moved by the petitioners, praying that they be brought on record as her legal representatives. The application was opposed by the respondents and was dismissed by the learned trial court vide the order dated 5. 01. 1988, observing that there was nothing to show that the petitioners were also indigent persons, but that if they were so advised, they could file a fresh application for being declared as indigent persons. Thereafter, the petitioners filed another application, stating that all of them were indigent person and were unable to pay the court-fee prescribed for filing of the suit, and praying that they be brought on record as the legal representatives of Mst. Khatoon, and be permitted to sue without filing the necessary court-fee. The respondents opposed the application, and the learned trial court vide the impugned order dated 24. 01. 1990, has dismissed the same on the ground that their earlier application had been dismissed and also on the ground that no suit was pending and that the application filed under Order 33, by Mst. Khatoon had abated.