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1992 Supreme(Guj) 76

A.N.DIVECHA
MAVJI KANJI JUNGI – Appellant
Versus
PREMJI PUNJA HODAS – Respondent


Advocates Appeared: A.D.Padival, Y.S.LAKHANI

A. N. DIVECHA, J.

( 1 ) IS the Court bound to grant time for payment of the requisite Court-fees while refusing to allow the applicant to sue as an indigent person under Rule 7 of Order 33 of the Code of Civil Procedure, 1908 (the Code for brief) ? If the Court has not granted such time while refusing to the applicant permission to sue as an indigent person, can it not grant such time for payment of the requisite Court-fees to him on his making an application for the purpose ? If such time is granted by the Court, can the order granting such time be interfered with in exercise of the revisional powers of this Court under Sec. 115 of the Code ? These are the main questions arising in this Civil Revisional Application questioning the correctness of the order passed by the learned Civil Judge (S. D.) at Porbandar on 28/12/1987 below the Application at Exh. 55 in Civil Miscellaneons application No. 120 of 1985 granting the respondent herein time to pay the requisite Court-fees on his application after refusing it under Rule 7 of order 33 of the Code.

( 2 ) THE facts giving rise to this revisional application may be summarised thus : The respondent herein filed one application for permis





























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