MT JAINATUN NISSA BIBI Vs. MTIDRAKUN NISSA

JUDGEMENT

(1.) This is an application in revision against an order of the Subordinate Judge of Cuttack allowing an application for permission to sue in forma pauperis.

(2.) The application was opposed not by the Government Pleader but by the petitioners who were to be, defendants in the pauper suit. One of the grounds on which the opposition was based was that the schedule of property annexed to the application as required by Rule 2 of Order 33 omitted two items, on which alone stress is now laid, viz., the dower due to the applicant below from her second husband and her share in the immovable properties inherited by her from her first husband (since deceased). Another ground was that the applicant below was not a pauper within the explanation to Rule 1 of the order.

(3.) As to the first of these grounds the learned Subordinate Judge referred to Durga Prasad V/s. Sri Niwas A.I.R. 1930 Pat. 368, which supports the objection, but he observed that the object of the rule being to help the Government in ascertaining whether the applicant is in a position to pay the court-fee assessable on the plaint, it was of no consequence, so far as the opposite party (i.e., the petitioners before me) was-concerned, whether the schedule required by Rule 2 was attached to the application or not, particularly when at least the admitted case is that the applicant is riot in possession of any portion of the inheritance left by her deceased husband.