Thomas, J.

A partnership firm sought for leave to sue as an indigent person for realisation of more than rupees four lakhs. The court fee payable would come to about rupees thirty thousand. It was on the premise that the firm has no assets of its own at present that the plaintiff has filed the application for leave to sue as an indigent person. But the application was dismissed by the lower court mainly on the ground that the partners of the firm have failed to show that they are not possessed of sufficient means to pay the court fees. However, time was granted to the applicant to pay the court fees for getting the suit registered as a regular suit. It is the said order which the firm has challenged before us.

2. According to the appellant, the firm consists of two partners only. The Managing Partner of the firm was examined as P.W.1 and he deposed that he has no means to pay the required court fee. The other partner was not examined, nor was it shown that the other partner has no means to pay the court fee.

3. Order 33 R.1 of the Code of Civil Procedure, 1908 (for short 'the Code') provides for institution of a suit by an indigent person. Explanation 1 to R.1 defines indi