HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CIVIL REVISION PETITION No.4388 of 2011 Date: October 13, 2011 Between: Md. Khairunnisa … Petitioner And 1. Md. Rehman @ S.K. Rahman & another. … Respondents * * * HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CIVIL REVISION PETITION No.4388 of 2011 O R D E R: This civil revision petition is directed against the order passed on 01st August 2008 by the learned Principal Senior Civil Judge, Kothagudem in P.O.P. No.97 of 2006. 2. The petitioner in the said O.P. is the petitioner herein. She instituted the said O.P. in terms of Order XXXIII Rule 1 of the Code of Civil Procedure, seeking leave of the Court to sue as a pauper. After collecting necessary evidence, the Court came to the conclusion that the petitioner before it has got means to pay the requisite court fee of Rs.5,426/-. Hence, it has dismissed the O.P. and rejected the plaint. 3. The objection mounted against this order by the learned counsel for the petitioner is that instead of directing the petitioner to pay the court fee of Rs.5,426/-, the Court below has erred in dismissing the O.P. and also rejecting the plaint. It was also further contended that the learned Judge went on to consider the merits of the matter. 4. When an O.P. is filed seeking permission of the Court to sue as a pauper, the Court is bound to examine the financial capacity of the petitioner to pay the necessary court fee. Only in that context, the findings have been recorded. Therefore, no exception need be taken to the order passed by the Court rejecting the O.P. 5. It is needless for me to observe that the order dismissing the O.P. cannot be construed as a reflection on the merits of the case set up by the petitioner in the civil suit. In fact, there is no such opportunity for the Court to pronounce any final opinion on the matter, at this stage. Therefore, uninfluenced by any of the observations that are made by the Court below in its order dated 01st August 2008 in P.O.P. No.97 of 2006, if the petitioner pursues the legal remedy available to her under law, the same will be dealt with in accordance with law. 6. With this, the civil revision petition stands dismissed. No costs. _______________________________ NOOTY RAMAMOHANA RAO, J Date: October 13, 2011. BSB