Misra, J. -- 1. This is an application under Order 44 Rule 1 of the Code of Civil Procedure (for short 'the Code') read with Order 33 Rule 1 of the Code seeking permission to prefer an appeal as an indigent person against the judgment and decree dated 24.7.2007 passed by learned District Judge, Bhopal in Civil Suit No. 271-N2006 whereby the learned Trial Judge has decreed the suit for eviction and realization of rental amount in respect of the suit premises under the provisions of M.P. Accommodation Control Act, 1961. The learned Trial Judge while decreeing the suit for eviction has directed the defendant to pay the monthly rent of Rs. 12,970/- from 1.1.2004 to 30.6.2004 to the plaintiff.

2. Being aggrieved by the aforesaid judgment and decree a memorandum of appeal has been presented under section 96 of the Code and along with the present application.

3. When this application was taken up for consideration, learned counsel representing the State raised a preliminary objection that the petitioner which is a Cooperative Society would not be covered under Order 44 Rule 1 read with Order 33 Rule 1 of the Code. As an objection was raised we heard the learned counsel for the pa