Kamlesh Sharma, J—The appellants-defendants and proforma respondents-defendants Nos. 2 to 4 suffered a decree for the recovery of Rs. 26,166.90. In order to challenge the decree, the appellants-defendants filed an application under Order 44, C. P C. accompanied by a Memorandum of Appeal in the Court of the District Judge, Solan, to seek permission to appeal as indigent persons, The application of the appellants-defendants was dismissed by order dated 30th July, 1991 holding that they are not indigent persons and are required to pay court-fees on or before 30th August, 1991. The appellants-defendants did not pay the Court-fees and consequently their appeal was also dismissed on 30th August, 199 h Hence the present Regular Second Appeal by the appellants-defendants an indigent persons for which permission has been granted by a separate order of the day today.

2. Refusing permission, the District Judge, had observed ;— "....The said business has since been closed down for want of working capital and that he is earning Rs. 400 to 500 per month from tailoring and repair of hosiery goods. It is also in the statement that he is living in a rented house for which he is paying rent o