D, Sreedevi, J.

This C.M. Appeal is directed against the order in O.P. (Ind.) No. 8 of 1997 of the Sub Court, Kattappana. The plaintiff before the Court below is the appellant.

2. The appellant-plaintiff filed the above suit claiming that she is an indigent person and sought permission to sue as an indigent person without paying court-fee along with the plaint The learned Sub judge rejected the application for permission to sue as an indigent person, on the ground that she is not an indigent person. Aggrieved by the said order, the plaintiff has filed this appeal. The application for permission to sue as an indigent person can be rejected only as per the provisions contained in 0.33 R.5 CPC. It reads:

"5. Rejection of application: - The Court shall reject an application for permission to sue as an indigent person

(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or

(b) where the applicant is not an indigent person, or

(c) where he has, within two months next before the presentation of the application, disposed of any property fraudulently or in order to be able to apply for permission to sue as an indigent person.

Provided that no application