SARASWATEWWA VS. SHIVARUDRAPPA CHANNAPPA KINNALA

( 1 ) THIS revision petition is by the legal representative of the original plaintiff in O. S. No. 159 of 1957. When the legal representative in appeal came on record, he submitted that he could prosecute the appeal without paying Court fees since the original plaintiff was permitted to file the suit in forma pauperis. He further submitted that he himself was an indigent person within the meaning of Order 33 Rule 1 of the Civil Procedure Code. The learned Civil Judge who enquired into the matter has held that he would not be an indigent person as contemplated under Order 33, rule 1 C. P. C. He has further held that the legal representative has no immunity from paying the court fee. Aggrieved by the said order, the present revision petition is filed.

( 2 ) THE points, therefore, that arise for my consideration in this appeal are-

(1) Whether the learned Civil Judge was justified in holding that the legal representative of the original plaintiff who was permitted to sue in forma pauperis, can continue the suit without paying Court fee or without getting himself declared as an indigent person? (2) Whether the order passed by the learne

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