1. The two points that arise for decision in this revision by the defendant in O. S.5 of 1976 on the file of the Sub Court, Irinjalakuda, seeking to revise an order passed on I. A. No. 1601 of 1981 permitting the respondent herein to sue as an indigent person are (1) Whether an application under 0.33 can be filed by a person after the institution of the suit. (2) Whether the failure to issue a notice to the Government Pleader as enjoined under R.6 of 0.33 is fatal to the application.

2. The suit was instituted for declaration of title and recovery of possession of the property scheduled in the plaint. At the time when the suit was instituted the plaintiff paid the requisite court fee on the basis of valuation shown in the plaint. When, the defendant-the petitioner herein-appeared in the suit, he raised an objection that the court fee paid was inadequate and was very low. An issue was raised in this regard as issue No.5 "whether the valuation shown is the plaint was correct". The trial court issued a commission to assess the correct value of the plaint schedule property for the purpose of court fee. The commissioner appointed in the case submitted a report stating that th