DEVARAKONDAPPA Vs. K RAJESHWARI

JUDGEMENT

(1.) THIS is the defendants' revision being aggrieved of the order in P. MIS. No. 9/98 by the I Addl. Principal Judge, Family Court, Bangalore, dt. 9-7-2001 allowing the petition filed under Order 33, Rules 1 and 2 CPC to sue as indigent person.

(2.) THE brief facts are as follows : the plaintiff being the widow of one D. Ashwini Prakash filed a suit for maintenance and also claiming damages against her in-laws with an application under Order 33, Rules 1 and 2, CPC praying for permission to sue as indigent person. The plaintiff got herself examined as PW-1, whereas the defendant No. 1 was examined as DW-1. The learned Judge considering the evidence of the parties held that the plaintiff has no means. Accordingly, allowed the petition filed under O. 33, Rules 1 and 2 permitting to sue as indigent person. It is this order which is now questioned by the defendants in the present revision.

(3.) THE learned counsel Sri M. Ashwathanarayana Reddy for the petitioners contended that the provisions of O. 33, R. 2, 3 and 5 are not complied. Therefore, allowing the application by the Family Court is erroneous. He also relied on the decision reported in ILR (2001) 3 Kant 3729 (Abhoobakar v. George Jacob) and submits that, where the mandatory provisions are not complied, the application to sue as an indigent person has to be rejected.