V. K. Mehrotra, J. - (1.) ON November 2, 1983 this Court directed the applicants to serve the opposite parties personally so that when the revision is listed for admission it may, if considered expedient, be disposed of finally.
(2.) HEARD Sri M. D. Singh for the applicants and Sri B. D. Mandhyan for the plaintiffs opposite parties. From the documents filed along with the affidavits of the parties in the stay matter as well as from the averments made in that affidavit it is clear that the trial Judge did not hear any evidence himself. From his order also it is apparent that the parties adduced evidence before the Chief Ministerial Officer of the court which was looked into by the trial Judge. In the present case the learned Judge 4id not adopt the report of the Chief Ministerial Officer which was to the effect that the plaintiffs applicants in the court below were not able to establish that they were indigent persons so as to be permitted to sue as such. The report of the Chief Ministerial Officer was in pursuance of Rule 1-A of Order XXXIII CPC. Rules 6 and 7 of the same Order detail the procedure which has to be followed by a court in a matter of this kind particulary where it does not adopt the report of the Chief Ministerial Officer. It is clear that the failure of the learned Judge to fix a date for evidence before himself or to give an opportunity to the defendants applicants to adduce evidence in regard to the indigency or otherwise of the plaintiffs did prejudice the defendants by depriving them of opportunity envisaged for the defendants in such a matter. The order of the trial Judge permitting the plaintiffs to sue as indigent persons, and its affirmance by rejection of the review application deserves to be and is set aside. The question of indigency of the plaintiffs shall be determined by him in accordance with law. Since the suit is about the claim of the plaintiffs for maintenance, it is appropriate that the question should be disposed of very expeditiously. Counsel for both the parties have stated that their clients would cooperate with the trial court in this matter. They have undertaken to inform their clients that they shall appear before the trial Judge on December 19, 1983 with a copy of this order to enable the learned Judge to proceed in the matter with despatch. The learned Judge would ensure that the question whether the plaintiffs should be permitted to sue as indigent persons should be disposed of by January 19, 1984. The revision shall stand disposed of finally in these terms. A copy of this order may be made available to the learned counsel for the parties, on payment of usual charges, by December 12, 1983 to enable them to produce it bofore the trial court.;