Patnaik, J.

The counter petitioners in O.P. (Pauper) No. 3/86 on the file of the Principal Sub Court, Trivandrum have preferred this revision against the order dated 16.3.1995 by which the application by the respondent hereinto file a suit as an indigent person under 0.33 of the Code of Civil Procedure (for short'CPC') was allowed. The respondent herein filed the petition to permit him to file a suit as an indigent person for recovery of damages on account of theft of his vehicle alleged to have been committed by the petitioners herein. The suit is valued at Rs. 4,08,000/-. The court fee payable thereon is Rs. 40,780/-. He pleaded that he has no sufficient means to pay the court fee.

2. The court below held that the applicant (the respondent herein) has no sufficient means to raise the required funds to pay the court fee. He rejected the contention of the petitioners herein that the application is not maintainable.

3. Learned counsel for the petitioners contended that even if it is held that the respondent does not have sufficient means to pay the requisite court fee, yet the prayer to fiel the suit as an indigent person deserves to be rejected on the ground that the suit