Law: Civil Procedure Code (V of 1908)

Section: 8 , 1 , 115

  Civil Procedure Code (V of 1908)--- ----OXXXIII, R. 8, O.XLIII, R.1 & S. 115---Order to sue in forma pauperis--Appeal---Revision---Order declaring a party a pauper for purposes of payment of court-fee was not one of appealable orders but was revisable. Civil Procedure Code (V of 1908)--- ----O.XXXIll, R. 8---Suit in forma pauperis---Court has power to allow a properly. instituted suit to be continued in forma pauperis. Syed Lall Shah and others v. Azad Jammu and Kashmir Government PLD 1966 Azad.J.& K. 15 rel. Subbarao v. Kolluri Venkataratnam and others AIR 1929 Mad. 828 ref. Civil Procedure Code (V of 1908)-- ----S. 115---Revisional jurisdiction, exercise of---Revisional jurisdiction was essentially discretionary and High Court could only interfere in the interest of justice. Civil Procedure Code (V of 1908)-- ----S. 115---Revisional jurisdiction, exercise of---Order in question, was neither in excess of nor without jurisdiction of Courts below nor such order did suffer from a breach of procedural law---High Court declined to interfere with the order in question in revision. Ch. Muhammad Afzal Wahlah fpr Petitioner. M. Mohy-ud-Din Qazi for Respondent. Date of hearing: 14th July, 1994.   JUDGMENT This is an application under section 115, Civil P.C. for revision arising out of an application for permission to continue the trial of the suit initially instituted in the ordinary way without payment of court-fee in forma pauperis without payment of additional court-fee on it demanded by the trial Court. Mst. Irshad Begum plaintiff was owner of an area of 4-1/2 Kanals with four shops constructed on it in Killa No. 23 of Sq. No. 38 comprised in Khewat No. 78 at Chak No, 39-Shumali of Tehsil and District Sargodha. It was alleged that she took a loan of Rs.92,400 from Muhammad Yaqub defendant and to secure its repayment executed a deed in his favour on 29-8-1991. Instead of a simple mortgage deed, defendant was alleged to have manoeuvred a deed of mortgage by conditional sale of the above property in the sum of Rs.202,400. It was averred that only an amount of Rs.7,700 was outstanding payment out of Rs.92,400 taken by the plaintiff. Rest of the…