"C.R."

Thottathil B. Radhakrishnan, J.

1. The plaintiff in a suit for recovery of money, for permanent injunction and certain incidental reliefs is the appellant. He was awarded a contract by the Kerala State Electricity Board. Alleging breach by him, the Board rescinded the contract by issuing a decision terminating it. Plaintiff challenges that termination and the consequential decision of the KSEB authorities to have the work re-arranged at his risk and costs. He also seeks recovery of money allegedly due to him under that contract.

2. Plaintiff paid 1/10th of the court fee due at the time of institution of the suit. After the written statement was filed and issues framed, the court below posted the case for payment of balance court fee. It appears that few adjournments were given for that purpose. Then, the appealing plaintiff sought an order permitting him to continue the suit by suing as an indigent person in terms of Order XXXIII Rule 1 of the Code of Civil Procedure on the ground that he does not have sufficient means to pay balance court fee. The court below, without stating any reason, "rejected" that application. This is what we find from the certified copy of