1. The above un-numbered appeal is filed by the plaintiff in O.S. 316 of 1981 of the II Addl. Sub Court, Kozhikode. In the Civil Miscellaneous Petition the plaintiff (appellant) prays that he may be allowed to file the appeal in forma pauperis. The petition is filed under 0.44 R.1 of the Code of Civil Procedure. Office has noted that the memorandum of appeal was presented by the Advocate. It is stated that under 0.44 R.1 read with 0.33 C. P. C. the appeal should be presented by the appellant himself with a separate petition for permission to file the appeal as an indigent person. According to counsel, personal appearance is not necessary. So the matter was referred to the court.

2. The sole question that arises for consideration is the scope and impact of 0.44 R.1 read with 0.33 R.3 of the C.P.C. They run as follows:

ORDER XLIV

(Appeals by Indigent Persons)

1. Who may appeal as an indigent person (1) Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as an indigent person, subject, in all matters, including the presentation