BHUWANI DEVI Vs. N P PANCHAYAT SAMITI OSIAN

JUDGEMENT

(1.) THIS application in revision is directed against the order dated July 16, 1974, passed by the learned Addl. District Judge, No. 2, Jodhpur holding that the review petition of the petitioner cannot be heard without payment of court-fee.

(2.) PLAINTIFF is petitioner and defendant is non-petitioner. The plaintiff instituted a suit for declaration and arrears of salary in the court of Munsif District Jodhpur in forma pauperis The Munsif held an inquiry and permitted her to prosecute the suit in forma pauperis. The suit was decreed with costs after trial. Aggrieved by the judgment and decree of the trial court, the non-petitioner lodged an appeal before the District Judge, Jodhpur which was transferred for disposal to the Additional District Judge No. 2, Jodhpur. He, by his judgment dated March 14, 1974, accepted the appeal and reversed the decree, passed by the trial court and dismissed the suit. The petitioner preferred a review petition under O. XLVII, R. 1, CPC. before the Additional District Judge No. 2, Jodhpur, praying therein that the judgment passed in appeal on March 14, 1974 may be set aside and the appeal be heard and decided afresh.

(3.) THUS according to the Allahabad and Orissa High Courts, application for review of judgment or decree passed in a suit for which permission to prosecute in forma pauperis has been granted is a 'proceeding connected with the suit, it can be determined without payment of adequate court fee.