Viswanatha Iyer, J.

This is a petition purported to be filed under O.XLIV Rule 1 of the Code of Civil Procedure, 1908, for allowing the petitioner to file the review petition as an indigent person. Petitioner was the appellant in the appeal which was dismissed with costs. She had been allowed to file the appeal as an indigent person as she was unable to pay the court fee required for the memorandum of appeal. The court fee payable on the review petition is Rs.4775/- under Art.5 of Schedule I of the Kerala Court Fees and Suits valuation Act, 1959 (Act 10 of 1960). According to the petitioner, she is unable to pay the court fee required for the review petition. She has therefore filed this petition for being allowed to file the review petition as an indigent person. The question is whether this can be allowed, as Order XLIV Rule 1 speaks specifically only of appeals. and does not refer to review petitions. We may also mention that Order XXXIII, the other provision in the Code relating to indigent persons also speaks expressly of suits only.

2. Order XLIV Rule 1 provides that any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of