- (1.) THIS appeal has been filed by the appellants under Order XLIII, Rule 1 (na) CPC aggrieved against the rejection of their application under Order XXXIII CPC for permission to sue as an indigent.
(2.) THE suit was filed by Smt. Khatoon wife of late Kadar Bux and after filing of the application alongwith the suit she died. The present appellants, who are the legal representatives of original plaintiff Smt. Khatoon also filed an application under Order XXXIII CPC, inter alia, with the averments that they wanted to prosecute the litigation filed by Smt. Khatoon, however, they were not possessed of sufficient means so as to pay the requisite Court fees. The suit was valued at Rs.81,000/- and the requisite Court fees was Rs.4,115/-. By the impugned order, the trial court dismissed the application filed by the legal representatives of Smt. Khatoon and granted two months' time to pay the requisite Court fees.
(3.) DURING pendency of the appeal one of the legal representatives Khuda Bux also died and his legal representatives have been taken on record.;