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Judgment
K. Narayana Kurup, J.—Heard counsel on both sides.
Having regard to the nature of the direction I propose to issue while disposing of the C.R.P., I am of the opinion that notice to respondents 3 and 4 is not necessary.
Petitioner claims to be the winner of First Prize in the 1993 November draw of "Periyar Lotteries". There is a dispute regarding the ownership of the lottery ticket. He has filed a suit for declaration that he is the owner of the prize winning lottery. In that suit, the petitioner paid 1/10 of the court fee. Pending suit, he has filed an application under Order 33 Rule 1 C.P.C. for adjudging that he is an indigent person. That application stand returned with the endorsement "Original Suit 2/97 is pending. So there is no provision to receive this petition. Hence returned".
The endorsement has no legal authority. The mere pendency of the suit is not a ground to return the application filed under Order 33 Rule 1 C.P.C. to sue as an indigent person. Once such an application is filed before the trial Court, the trial Court has to conduct an independent enquiry on the question of indigency. Accordingly, the endorsement under challenge is hereby set aside and there will be a direction to the trial Court to conduct an enquiry regarding the indigency of the petitioner and then proceed with the suit in accordance with law.
The C.R.P. is disposed of as above.
Order on C.M.P. No. 4440 of 1997 in C.R.P. 2281 of 1997 Dismissed.