1. This is a hopeless application. The defendants during the course of the trial made an application under O. 33, R. 9 of the CPC, to dispauper the plaintiff. Proper notice was given but was waived by the defendants. Now the petitioner comes before me praying that the order of the Judge dispaupering him be set aside on the ground that it was made without jurisdiction. As Mr. Mitter argues that the Rule is mandatory, I suppose the effect of that argument is that the law will now allow him to waive the benefit which he has under the Rule. That argument is entirely without foundation.
2. There is nothing to prevent any litigant waiving any right he may have under the Code of Civil Procedure or under any statute for that matter, unless the waiver of the right or the absence of the right makes any particular matter illegal. The Rule is discharged with costs: hearing fee two gold mohurs.
S.R/R.K
3. Rule discharged.