SOLOMON SELVARAJ Vs. INDIRANI BHAGAWAN SINGH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 28/1/2022 passed by the High Court of Judicature at Madras in CMA No.38 of 2021 by which the High Court has dismissed the said Miscellaneous Appeal and has confirmed the order passed by the learned Trial Court rejecting an application filed by the appellants herein seeking leave to file the suit as indigent persons, the original applicants - plaintiffs have preferred the present appeal.

(2.) That the appellants herein - original plaintiffs instituted the suit before the learned Trial Court for declaration of title and for recovery of possession. In the said suit the plaintiffs filed an application being I.O.P. No.1 of 2015 permitting them to file the suit as indigent persons. The said application was opposed by the defendants on the grounds inter alia that the suit is barred by res judicata; there is no cause of action for filing the suit. The claim of the plaintiffs that they are indigent persons was also contested. The learned Trial Court rejected the said application filed by the appellants seeking leave to file the suit as indigent persons. The order passed by the learned Trial Court rejecting the application to sue as indigent persons was the subject matter of miscellaneous appeal before the High Court.

(3.) Ms. V. Mohana, learned Senior Counsel appearing on behalf of the appellants has vehemently submitted that in an application permitting the plaintiffs to sue as indigent persons, it is not open for the learned Trial Court and/or the High Court to opine on merits of the suit and whether the plaintiff is likely to succeed and/or whether the suit is barred by res judicata or not. It is submitted that at the most the Court may dismiss the application permitting to sue as indigent persons and in that case the plaintiffs may pay the requisite court fees and thereafter the suit is to be proceeded further.