K.T. Sankaran, J.

1. Defendants 1 and 2 challenge the order passed by the Court below allowing the application under R. 1 of O. 33 of the Code of Civil Procedure, by which the first respondent/plaintiff was allowed to continue the suit as an indigent person. Total court - fee payable was Rs. 9,625/-. The plaintiff paid one tenth of the court - fee. Contending that she was not in a position to pay the balance court - fee, she filed IA No. 6364 of 1999 under R. 1 of O. 33 of the Code of Civil Procedure. The first petitioner/first defendant filed objection to the application. He contended that the plaintiff has sufficient means to pay the court -fee. The plaintiff was examined as PW 1. She stated that she is a widow. She is a retired Health Assistant getting Rs. 900/- per month as pension. She stated that she does not have any job or income, or asset other than those movables shown in the application. It was stated that the amount received as pension is hardly sufficient for the expenses. Relying on the evidence of PW 1, the Court below held that the plaintiff is entitled to get exempt ion from paying the balance court - fee. Learned counsel for the petitioners submitted that th