1. Revision petitioner is the respondent in O. P. 76 of 1984 of the Sub Court, Palghat. The respondent herein as petitioner filed the O. P. praying that he may be allowed to institute the suit as an indigent person. The learned Sub Judge allowed the petition finding that the respondent is not in a position to pay the court fee.

2. The challenge in the revision petition is that as no cause of action has been made out in the petition the court below should have rejected it. Counsel contended that merely because a person is as indigent person the court is not to automatically allow the petition in utter disregard of the mandatory provisions in Order XXXIII R.S. Learned counsel for the respondent pointed out that the revision petitioner did not raise any objection in the counter statement questioning the cause of action and therefore ie cannot raise it for the first time before this court in revision.

3. In a pauper application, whenever a question is raised by the respondent that the petition does not disclose a cause of action it is incumbent upon the court to record a finding one way or the other. In a case, where such an objection is raised and the court failed to decide