KAILASH CHANDRA SHARMA Vs. MOHAMMED SAYEED

JUDGEMENT

(1.) This revision petition is directed against the order passed by Additional District Judge No. 2, Jodhpur on Oct. 4, 1979, whether he accepted the application of the plaintiff and permitted him to file the suit in form a pauperise under O. 33 R. 1 C.P.C.

(2.) The petitioner has two grievances against this order. His first grievance is that schedule has not been annexed alongwith the application under. O. 33 R. 1 C.P.C. and the another is that he is guilty of suppression of material fact that he has a share in the ancestral property.

(3.) Before answer the aforesaid two points raised would like to observe that in the instant case as required by law the learned Addl. District Judge before adjudicating upon the application had issued notice on Dec. 22,1976 to the Collector, Jodhpur who ordered an inquiry regarding the financial status of the plaintiff and thereafter vide his letter, dated March 17, 1977 sent a reply to the court, in this reply it has been mentioned that an inquiry was got conducted through the Superintendent of Police, Jodhpur and after a detailed inquiry it was known that the plaintiff is extremely a poor man. He has no means of livelihood or residential house to stay in. He is a casual labour and his financial position is not such that he can pay the court fee.