Rajiv Sahai Endlaw, J.

.1. The question of procedure to be followed upon withdrawal of a prayer to sue as an indigent person, has arisen for consideration. The suit for partition of immovable properties and other reliefs, showing the valuation thereof for purposes of court fees and jurisdiction in excess of Rs. 20 crores was filed by the petitioner. A separate application under Order 33 Rule 1 CPC was also filed. The same was registered on 27th April, 1998 and inquiry in regard to the petitioner being an indigent person was ordered. The said inquiry remained pending and no progress was made therein. After it had been pending for nearly nine years, on 25th July, 2007 it was submitted by the counsel for the petitioner that the petitioner "has to withdraw the application under Order 33 Rule 1 CPC seeking declaration of the applicant as an indigenous person and he wants to proceed with the suit as a non indigenous person". Time was sought from the court for filing the court fees and for moving appropriate application to the said effect and to take steps in the suit. The matter was adjourned to 8th January, 2008.

2. Before the next date IA. No. 185/2008 under Sections 148/149 a