Honble KEJRIWAL. J – The plaintiff-appellant filed a suit for recoreryof Rs. 1,95,270/- as damages/ compensation, as an indigent person u/O 33 R. 1 CPC . The plaintiff did not enclose a schedule of movable or immovable property belonging to him and on that ground the learned District Judge, Jaipur city Jaipur, vide his order dated 18.9.1991 rejected the application u/O 33 R.1 CPC. This order has been challenged in this appeal by the plaintiff-appellant. The submissions of counsel for the plaintiff-appellant is that in case an application for sueing an indigent person is rejected u/O.33 R.5 CPC the plaint will not statnd rejected. His second submission is that at the time of rejection of the application u/O 33 R 1 CPC, the learned District Judge should have granted some time to the plaintiff-appellant for submission of court fees. He submits that the appellant is prepared to submit Court fees. In support of his arguments he placed reliance on Hoth Venkataramamurti vs. Hota Kameswaramma & Ors.(1) On the other hand Shri Agrawal, counsel for the respondents, submits that the application submitted by the plaintiff- petitioner was defective , and hence it was rightly dismissed by the trial Court. By CPC Amendment Act, 1976, R. 15-A was inserted on O.33 CPC, which reads as below:- `` 15-A, Grant of time of payment of court fee:- Nothing contained in R.5, R. 7 or R,15 shall prevent of Court, while rejecting an application u/R 5 or refusing an application u/R.7, from granting time to the applicant to pay the requisite Court-fee within such time as may be fixed by the court or extended by it from time to time ; and upon such payment and on payment of the costs referred to in sub-R. (2) of R. 15 within that time, the suit shall be deemed to have been instituted on the date on which the application for permission to sue as an `indigent person was presented. (2) This rule gives discretion to the Court to grant time to the applicant to pay the requisite court-fee within such time as be fixed by the Court.The attention of the learned District Judge, Jaipur City, Jaipur,was not drawn to this amendment. Now, the appellant has prayed that he may be granted some time to pay the court-fee. (2) This rule gives discretion to the Court to grant time to the applicant to pay the requisite court-fee within such time as be fixed by the Court.The attention of the learned District Judge, Jaipur City, Jaipur,was not drawn to this amendment. Now, the appellant has prayed that he may be granted some time to pay the court-fee. (3) Looking to the facts and circumstances of the case, I deem it proper to grant 30 days time from today to the plaintiff-appellant to submit court-fee. Consequently, I allow the appeal and grant a months time to the plaintiff-appellant to submit requisite court-fee. The District Judge, Jaipur City, Jaipur, is directed that in case the plaintiff-appellant submits requisite court fee within a months time, he should proceed with the suit. Parties should bear their own costs.