( 1 ) IN this appeal, we are concerned with the interpretation of sub-rule (a) of R. 5 of O. XXXIII of the Civil Procedure Code.

( 2 ) THE appellant Lakshmidevamma filed a suit for maintenance against her husband. She was not able to pay the Court-fee. She filed an application to sue as an indigent person. The learned Subordinate Judge, Penukonda found that she had a 1 8th share in the house left by her husband (sic) (father) at the time of his death and that she has not mentioned this fact in her application. He also found that even if that 1/8th share is taken into account, she has no means to pay the required Court-fee of Rs. 1906 - payable on the petition. However, he dismissed the application on the sole ground that she was guilty of suppression of the fact that she had 1/8th share in the house as she has not disclosed the same in the petition, Challenging the validity of that order, she filed this appeal.

( 3 ) THIS matter came up for hearing before our learned brother Upendralal Waghray, J. , who thought it fit to refer to a Bench as there is a conflict of opinion between two learned Judges of this Court.

( 4 ) ORDER 33 relates to suits by indigent persons. Rule 5 provides for grounds on which the application can be rejected. Sub-rule (a) of R. 5 which is relevant for our purpose, says that where the application is not framed and presented in the manner prescribed by Rr. 2 and 3, the Court shall reject the application for permission to sue as an indigent person. Rule 2 reads:--"2. Every application for permission to sue as an indigent person shall contain the particulars required in regard to plaints in suits : a schedule of any movable or immovable property belonging to the applicant, with the estimated value thereof, shall be annexed thereto; and it shall be signed and verified in the manner prescribed for the signing and verification of pleadings. "

( 5 ) THIS rule contemplates giving of particulars as required in regard to plaints.

( 6 ) ORDER VII, Rule 1 prescribes the particulars to be stated in the plaint, namely:-- (a) the name of the Court in which the suit is brought; (b) the name, description and place of residence of the plaintiff; (c) the name, description and place of residence of the defendant, so far as they can be ascertained; (d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect; (e) the facts constituting the cause of action and when it arose; (f) the facts showing that the Court has jurisdiction; (g) the relief which the plaintiff claims; (h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and (i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.

( 7 ) THESE are the pleadings required to be stated in the plaint and O. 33, R. 2 contemplates that these pleadings are to be stated in the application for permission to sue as an indigent person. Order 33, Rule 3 is as follows:--"3. Notwithstanding anything contained in these rules, the application shall be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, in which case the application may be presented by an authorized agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person : Provided that, where there are more plaintiffs than one, it shall be sufficient if the application is presented by one of the plaintiffs. "

( 8 ) THIS Rule deals with the presentation of the application and states that it should be presented by the applicant or by an authorised agent if the applicant is exempted from appearing in the Court and if there are more plaintiffs than one, it can be presented by one of the plaintiffs. Rules 2 and 3 of 0. 33 deal with the pro