ABHOOBAKAR Vs. GEORGE JACOB

JUDGEMENT

(1.) THIS is an Appeal preferred by the applicant who had sought to sue as an indigent person and whose application came to be rejected by the Court below by its order dated 31. 7. 1999 in Misc. No. 2/1996.

(2.) THE brief facts leading to the above Appeal are that the appellant/petitioner who had filed Misc. No. 2/1996 before the Court of the Civil Judge (Sr. Dn.), Madikeri, seeking for permission under order XXXIII Rules 1 and 2 of CPC to sue as an indigent person as against respondents 1 to 5 and sought to array them as defendants 1 and 5. The case of the appellant/petitioner was that an agreement was executed in his favour by the respondents 1 to 3 who are the defendants 1 to 3 in the suit and who had executed sale agreement to convey immovable property for a consideration of a sum of Rs. 115 lakhs jointly in favour of the appellant/petitioner and respondents 4 and 5 who are defendants 4 and 5 in the suit.

(3.) IT is also the case of the appellant/petitioner that there spondents 1 to 3 having executed the sale deed in favour of the respondent No. 4 alone, the appellant being aggrieved has sought for specific performance of the agreement to execute the conveyance deed in favour of the appellant/petitioner and respondents 4 and 5 jointly or in the alternative, to convey 1/3rd of the property in favour of the appellant/petitioner alone. It is for filing such a suit, the appellant/petitioner being not in a position to pay the Court-Fee in view of his financial position, had made an application before the court seeking for permission of the Court to sue as an indigent person.