JUDGMENT

Rajeshwari Prasad, J. - This petition in revision along with Civil Revision Petitions No 180, 181, 435 and 436 all of 1967 have come up before this Bench on account of a order of reference made by a learned Single Judge of this Court.

2. In all the five cases, the orders which are sought to be revised are orders mad under Order 33, Rule 7 of the Code of Civil Procedure allowing the plaintiffs in each case to sue as pauper.

3. Civil Revision Petitions Nos. 179, 18 and 181 of 1967 are petitions filed by the State of Punjab, while Civil Revision Petitions Nos. 435 and 436 are petitions whirl have been filed by the State of Una Pradesh.

4. Civil Revision No. 179 arises out of Miscellaneous Case No. 6 of 1964 while Civil Revision No. 180 of 1967 arises out of Miscellaneous Case No. 15 of 1963, Civil Revision No. 181 of 1967 arises out of Miscellaneous Case No. 30 of 1963. Out of Civil Revision Petitions filed by the Late of Uttar Pradesh, Civil Revision No. 35 of 1967 arises out of the same Miscellaneous Case No. 30 of 1963 out of which Cilivil Revision No. 181 of 1967 referred to above has arisen, while Civil Revision No. 36 of 1967 arises out of Miscellaneous Case lo. 15 of 1963 referred to above out of which Civil Revision No. 180 of 1967 has risen. In Miscellaneous Case No. 6 of 964 giving rise to Civil Revision No. 179 f 1967 and Miscellaneous Case No. 15 of 963 giving rise to Civil Revision No. 180 f 1967 were cases in which Shri R.B. Lapoor was the plaintiff-petitioner and the State of Punjab and others are the opposite, parties defendants. Miscellaneous Case No. (Sic)0 of 1963 giving rise to Civil Revision No. 81 of 1967 and Civil Revision No. 435 of 967, was the case filed by Shrimati Sheila (spoor wife of Shri R.P. Kappor aforesaid against the same set of defendants.

5. It may also be noted that the valuation of the claim in Miscellaneous Case No. 6 is 17,48,000/- Rupees and the calculated court payable is Rs. 2,26,507/-; valuation of he claim in Miscellaneous Case No. 15 is Rs. 1,02,100/- and the calculated court fee may able is Rs. 76,982/50 P. The valuation. The claim in Miscellaneous Case No. 30 1963 filed by Mrs. Sheila Kapoor is Rs. 1,01,400/- and the court fee payable is Rs. 76,457/-. It would be convenient to Indicate at this place that Miscellaneous Petition No. 6 was filed on 12th February, 1964, Miscellaneous Petition No. 15 was riled on 6th April 1963, and Miscellaneous Petition. No. 30 of 1963 was filed on 24th October. 1963 in the court below.

6. The claims put forth by Mr. Kapoor and M/s. Sheila Kapoor in the aforesaid proceedings are claims for damages for malicious prosecution against the State of Punjab and other officials of that State. The State of U.P. is not a party to these miscellaneous cases, but being interested in the matter of court fee it has, filed the two Civil Revision Petitions Nos. 435 and 436 of 1967. It has, however, not filed any petition against the order made in Miscellaneous Case No. 6 of 1964.

7. The law applicable to such petitions is contained in Order 33 of the Code of Civil Procedure. Rule I of that Order permits a suit being instituted by a pauper and the Explanation to that Rule purports to define a pauper. Rule 2 indicates as to what have to be the contents of such an application. It requires that the particulars required in regard to claims in suits will be contained in such a petition. A schedule of any movable or immovable property belonging to the applicant, with the estimated value thereof has to be annexed to the petition. The petition is required to be signed and verified in the manner prescribed for the signing and verification of the pleadings. Rule 3 deals with the manner of presentation of such applications with which we are not concerned in this case. Rule 4 lays down that where the application is in proper form and is duly presented, the court may, if it thinks fit, examine the applicant or his agent, where the applicant is allowed to appear by agent, re