1. The appellant/plaintiff has preferred this appeal under Order 43, Rule 1(na) of the Code of Civil Procedure, challenging the order dated 3.8.2000, passed by the Second Additional District Judge, Jagdalpur in M.J.C. No. 3 of 1999, by which his application under Order 33 Rule 1 of the C.P.C. has been rejected. The brief facts for disposal of the appeal are as under:

2.1 The plaintiff filed a suit for possession and declaration of sale deed dated 1.5.1996 as null and void. The plaintiff, along with the suit, also filed an application under Order 33 Rule 1 of the C.P.C. for permission to sue as an indigent person. The said application was rejected by the trial Court vide order dated 5.1.2000.

2.2 Being aggrieved, the plaintiff/appellant preferred M.A. No. 768 of 2000 before the High Court of Madhya Pradesh and challenged the order dated 5.1.2000. The said appeal was decided by the High Court of Madhya Pradesh vide order dated 28.4.2000 with the direction to trial Court that the plaintiff/appellant's prayer under Order 33 Rule 1 C.P.C. shall be considered, in accordance with, the provisions therein. The trial Court in compliance of the Hon'ble Court's order again considered the ap