T JAYAMMA Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) BEING aggrieved by the order dated 6th november, 1990 passed in p. Mis. No. 495 of 1988 on the file of the additional city civil judge, Bangalore rejecting the permission to sue as an indigent person.

(2.) THE ranks of the parties shall be followed as in the lower court. The petitioner filed the suit for recovery of damages of Rs. 9 lakhs. Since she was not in a position to pay the court fee, she filed an application under order 33, Rule 1 of the CPC. The son of the petitioner by name udayaravi was a student who appeared in the first year examination conducted in september-october 1985 by respondent 1-university. His result was not announced due to the negligence of respondents 2 and 3. Therefore udayaravi committed suicide on 12th march, 1986. The petitioner has now filed the suit to recover the damages on account of the fact that her son committed suicide. Inter alia she also filed/an application to declare her as an indigent person and enable her to prosecute the suit.

(3.) FOR petitioner P. W. 1-jayamma is examined. The respondents have chosen to examine her husband.