1. This is an application filed by Jagga Singh, applicant under O. XLIV read with the provisions of O. XXXIII of the Code of Civil Procedure, 1908 seeking permission to prefer the present appeal as an indigent person. When the matter came up for consideration on the last date of hearing it was pointed out that the learned lower appellate Court has also entertained such an application permitting the appellant to file appeal as an indigent person. Accordingly, the aforementioned order was required to be placed on the file, which has now been done by filing C. M. No. 1333 C of 2006. Copy of the order dated 17-4-2004 shows that after considering various contentions, the learned lower appellate Court has concluded that the appellant was not in a position to pay the requisite court fee prescribed for filing the appeal. The view of the appellate Court is discernible from para 9 of the order which reads as under :

"I have considered the contentions of both the sides in the light of evidence on record. In the respective affidavits both the parties have struck to their respective stand taken in their pleadings. In the cross-examination, however, Sadha Singh failed to bring any eviden