Judgment

MATHEW, J. :- This appeal, by special leave, is from the order of the High Court of Allahabad allowing an application for revision of orders passed by the Civil Judge, Saharanpur, directing discovery of documents by the respondent and dismissing an application by him for permission to sue in forma pauperis.

2. The respondent filed a suit in forma pauperis on April 20, 1962, against the appellant and his wife for recovery of damages to the tune of Rs.7,48,000/- for malicious prosecution. Notice of the petition to sue in forma pauperis was given to the State Government and the appellant under Order 33, Rule 6 of the Civil Procedure Code. Both the Government and the appellant filed objections stating that the respondent is not a pauper. The appellant thereafter filed an application for discovery of documents from the respondent for proving that the respondent is not a pauper. The Court passed an order on February 23, 1970, directing the respondent to discover on affidavit, the documents relating to the bank accounts of the respondent, namely, pass books, cheque books, counterfoils, etc., from March 1, 1963, to the date of filing the affidavit of discovery, as also the documents