( 1 ) IN this appeal the appellants, who are two minors represented by their next friend maternal uncle K. Venkatachalam, presented a suit in forma pauperis, registered as O. P. No. 61 of 1976 in the Court of the Subordinate Judge, tanuku and sought the permission of the court under Order 33 Rule 1 CPC to file the suit as indigent person. The suit is for partition and separate possession of plaintiffs share in the plaint schedule properties with past and future profits. The appellants pleaded that they have no means to pay the court fee payable on the plaint.

( 2 ) THE first respondent herein is the father of the minors but he has not been shown as the next friend of the minor plaintiffs and the minors have been represented by their maternal uncle. K. Venktachalam as their next friend. Respondents 2 to 6 herein resisted the claim of the minor plaintiffs and contended inter alia that the minors have capacity to pay the court fee payable on the plaint. Their contention was that they possessed property worthy Rs. 6,000/- and that it is in their possession and enjoyment. Their further contention was that the maternal uncle cannot act as the next friend of the minor plaint