ALLADI KUPPUSWAMI, J.

( 1 ) THIS is an application to permit the petitioner to file the petition for review of our judgment dated 17th October, 1969 in C. C. C. A. No. 72 of 1968 in forma pauperis,

( 2 ) AS we felt a doubt as to whether a petition for review of a judgment in appeal can be filed in forma pauperis we requested the Advocate for the petitioner to address arguments on the maintainability of the petition. We have also heard the learned Government pleader, as the advocate for the respondent was absent inspite of the fact that notice had been served on him and the case was adjourned on more than one occasion to enable him to be present.

( 3 ) THE learned Counsel for the petitioner contended that the review petition is only a continuation of the appeal and as the petitioner had been permitted to file the appeal in forma pauperis he could also present the review petition as a pauper. The appellant was permitted to prefer the appeal as a pauper as it was found he was a pauper and it is stated that even to-day he continues to be a pauper.

( 4 ) THE relevant provisions of the Civil procedure Code are Order 33 which deals with suits by paupers and Order 44 which relates to pauper

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