. HIGH COURT OF CHHATTISGARH: BILASPUR Single Bench: Appellant Ptaintiff Hon'ble Shri Dilip Raosaheb Deshmukh, J. MA.No.34of2008 Bajranglal Agrawat, S/o Khsganehand Agrawal, aged about 40 years, R/o Agrasen Road, Ambikapur, Tahsil Ambikapur, Disfrict Surguja (CG) Versus 1. Municipai CorporaBon Ambikapur, Disfrict Surguja (CG) 2. Ramesh Jaiafral, Farmer Commissioner, Municipal Corporation, Ambikapur, District Surguja (CG) 3. C.K. Shrivastava, Revenue Inspector (NazuQ Nagar Palik N®am, Ambikapur, District Surguja (CG) Miscellaneous appeal under Order 43 Rule 1 (nal of Uie code of the Civil Procedyre Respondents Defenclants Present: Shri Manoj Paranjpe, counsel for the appellant. Shri Sanjay K. Agarwal wiffi Shri Sourabh Sharma, counsel for respondent No.1. ORAL ORDER (Passed on 28.04.2008) This appeat is being disposed of at the stage <rf admission without notice to respondents No.2 & 3. (2) Hgard learned counsel for the appellant. (3) The appellant is aggrieved by an order datsd 5.1 .2008 passed bythe District Judge, Ambikapur in miscellaneous civil suit No. 1/20)8, whereby the application under Order 33 Rule 1 of CPC for permission to sue as an indigent person was dismissed by the leamed District Judge on the ground that on the date of presentation of the application, the appellant/appiicant was not present in person before the Court. (4) The impugned order does not show that despite direction by the Court, leamed counsel for the appellant/applicant had failed to keep •^ssas '2 the appeilanVapplicant present in person before the Court. It also does not divulge that counsel for the appellant/applicant was given an opportunity to move an appiication for exempting the appellant/applicant from appearing in pereon before the Court. (5) Learned counse! for the appellant/appticant undertook to tceep the appellant present before the District Judge, Ambikapur on 05.05.2008. (6) Considering the object for institution of suit by indigentpereons and the provision contained in Rule 3 of Order 33, 1 am of the considered opinion that one opportunity should be granted to the appellantfapplicant to appear in pereon before the Court so that an enquiry into the indigence of the appeltanVapplicant as contemfrfated by Rule 4 of Order 33 CPC be made by the Court. (7) In this view of the matter, the appeal is allewed. The appellant/applicant shatl appear before the District Judge, Ambikspur on 05.05.2008. On such appearance, the learned Disfrict Judge shall proceed in accordance with law regarding the merite of the claim and the property of the applicant. Priya (8) A copy of this order be sent to the District Judge, Ambitepur, forthwith. Sd/- DiUp Raosaheb Deshmukh Judge