1. Revision petitioners are the respondents in OP 13 of 1984 of the First Additional Sub Court, Ernakulam. OP was filed under O.33 R.1 CPC for instituting the suit in forma pauperis. The Sub Judge allowed the petition holding that the respondents (petitioners in the OP) are not having any assets for being converted into liquid cash for paying the court fee of Rs. 59,980/-. The challenge against the order is that the Court has not waited for the Government Pleader's report regarding the means of the respondents and erred in allowing the application.

2. Should the court wait for the Government Pleader's report to decide whether the petition under 0.33 R.1 has to be allowed or not? Is it necessary for the court to compel the Government Pleader to cause the filing of the report with regard to the means of the respondents to pay the court fees for the plaint? Or is it not open to the Court to consider the evidence before it as adduced by the contesting parties to decide whether the respondents are having sufficient means to pay the court fee?. These are the moot points to be considered in the CRP.

3. 0.33 R.5 provides for the rejection of an application for permission to sue a