P.C. Pandit, J. - (1.) THIS is an application made by Surjit Singh and his brother Gurmel Singh under order 43, rule 1 read with order 33, Code of Civil Procedure, for permission to file the appeal in this Court as paupers.
(2.) NOTICE of this application was given to the opposite party. A Preliminary objection has been raised by the Learned Counsel for the opposite party to the effect that this application is defective and has not been presented by a duly authorised agent and it should, therefore, be dismissed on that ground alone.
(3.) UNDER order 33, rule 3, the application has to be presented to the Court by the applicant in person unless he is exempted from appearing in court, in which case the application can be presented by an authorised agent, who can answer all material questions relating to the application and who can be examined in the same manner as the party represented by him may have been examined, had such party attended in person.;