Petitioner is the plaintiff in O.S.No.389 of 2003, on the file of Sub court, Thiruvananthapuram. The suit was instituted for realisation of Rs.1,12,54,929/=, being the damages sustained in executing the agreement as the Contractor. The total court fee payable is Rs.67,47,543/=. The suit was instituted by paying Rs.88,600/= being 1/10th of the court fee payable. Subsequently, petitioner filed Ext.P2 petition under Order XXXIII of Rule 1 of Code of Civil Procedure to exempt him from paying the balance court fee for the time being, contending that owing to the present financial constraints, he is not in a position to raise sufficient money for paying the balance court fee. That was filed as a petition supported by an affidavit. In the affidavit, petitioner disclosed his assets which are only the dresses and wearing apparels. Under Ext.P4 order, learned Sub Judge rejected application directing the petitioner to file a petition as provided under Order XXXIII of Code of Civil Procedure for declaring him an indigent person, or to pay the balance court fee and making it clear that if not, plaint will be rejected as provided under Rule 11(c) of Order VII of Code of Civil Procedure