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1995-AIR (ORI)-0-291 , 1995 (TLS)1501602

HIGH COURT OF ORISSA

Coram : ARIJIT PASAYAT

MISC. APPEAL 205  Of  1992

(APRIL 17, 1995)

POWSULPH (INDIA)PVT. LTD. VS. INVENTA TECHNICAL

ARIJIT PASAYAT, J.

( 1 ) APPELLANT, a private limited company, filed an application for exemption from payment of court-fee on the plaint, and to institute the suit against the present respondents as an indigent person. The prayer was turned down by the learned Subordinate Judge, First Court, Cuttack on three grounds; namely; the application was not presented as prescribed under O. 33, R. 2 of the Civil P. C. 1903 (in short, the 'cpc'); the appellant had sufficient means to pay court-fee of nearly Rs. 26,000/-; and the application was not verified properly as provided under O. 6, R. 15 of the CPC. The conclusions of the learned Subordinate Judge are assailed in this appeal primarily on the ground that the application was in order, and proper form and in any event technicality should not have weighed with the learned Subordinate Judge. The assets position of the appellant has been wrongly assessed by the learned Subordinate Judge. The learned counsel for the respondents, on the other hand, submitt