K.C. Agarwal, J. - (1.) This appeal under Order XLLII Rule 1 (na) of the Code of Civil Procedure (for short the Code) has been preferred against the judgment of the Civil Judge, Agra dated 2nd August, 1983 by which an application made by the appellant under Order 33 Rule 1 of the Code has been rejected.
(2.) The appellant filed case No. 27 of 1978 against , his father Sardar Jeewan Singh and other members of his family for partition of his share in the joint family property, alleging that the property belong to the joint family and being a member of joint family he was entitle to 1/6 share, valuation of which comes to Rs. 4,65000/- . The suit was filed along with an application for permission to file it as an indigent person. The application was allowed by the Civil Judge 14-11-1980 with the finding that the notices of the application were issued to the D.G.C. (Civil) as also to the defendants impleaded in the suit. After aforesaid order dated 14-11-1980 was passed the defendants moved an application for recalling of the order dated 14-11-1980 on the ground that the plaintiff was possessed of sufficient property to pay the court fee on the plaint. The application was opposed by the applicant interalia on the ground that the review by the defendants was not maintainable. It was further contended that the valuation of the suit on which the court fee was payable was Rs. 15,407.50 p. and that he was not possessed of any movable and immovable property from which he could pay the court fee on the aforesaid amount.
(3.) Civil Judge held that the plaintiff/applicant was in a position to pay the court fee and rejected the application for permission to file the suit as indigent person. As against this order present appeal under the provision aforesaid has been filed.;