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1984 Supreme(AP) 32

P.A.CHOUDHARY
Ashfag Ahmed – Appellant
Versus
State – Respondent


( 1 ) THE wife sued her former husband as an indigent person claiming return of Mehr. She sought and obtained permission of the Court to sue as an indigent person long back. On the ground that she was not possessed of sufficient means to pay the Court-fee, the Court below granted the wife s application filed under Order 33, Civil Procedure Code. The husband allowed that order of the court to become final. Now after the suit has been numbered as O. S. 39/82 and issues have been framed, the husband filed the present application contending in substance that the earlier orde. r made by the Court permitting the wife to sue him as an indigent person was wrong, because she was even by then possessed of sufficient means to pay the Court fee. That application was rejected by the Court below. Against that, the husband files this Civil Revision Petition.

( 2 ) I am not inclined to admit the revision petition and prolong the life of this litigation and agency of the parties. Even assuming that all that the petitioner says is correct and that the wife was possessed of sufficient means to pay court fee, it only means that the earlier order was made wrongly. But I find no jurisdiction in the Cour



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