Court allowed amendment application while observing adherence to procedural directions regarding indigent plaintiff status.

JUDGMENT

The petitioners have challenged an order whereby an amendment of the plaint has been permitted by the court below. The respondents sought to file the suit as in forma pauperis. The trial court granted permission. The order was challenged before this Court and this Court set aside the order of the court and directed reconsideration. After remand, the respondents sought amendment of the application seeking to introduce additional pleadings in order to support the plea that the respondents are indigent. Permission granted for amendment has been challenged on the ground that it will be against the order of remand. The counsel places reliance on the direction in the order of remand wherein this Court has said that the matter is remitted to the Sub Court for fresh consideration of the application and that the court will consider all the relevant contentions raised by both the parties along with all factors that are to be taken into account while dealing with an application under Order 33 Rule 1 of the Code of Civil Procedure .

2. I do not find any transgression of the direction issued by this Court. It is open to the petitioners to file their objections to the amendment that have been sought for and the court while considering the application under Order 33 Rule 1 of C.P.C. shall necessarily go into the objections also and take necessary evidence before finalising on the question whether the respondents should be permitted to file the suit as indigent.

The original petition is closed with the above observations.

Sd/-