(1.) In this petition filed under Order XLIV Rule 3 (1) read with Sec. 151 C.P.C. the petitioner seeks permission to file the proposed first appeal as an indigent person. The Registry noted a defect to the effect that the petition as well as the proposed appeal should be presented by the party-in-person and not by the Advocate. To the said defect the Advocate appearing for the petitioner submitted a reply contending inter alia as follows:-
(2.) Thereupon the matter was referred by the Registry to the Bench for judicial consideration of the above defect.
(3.) Re-iterating the above stand, Advocate Sri. T. Sivadasan appearing for the petitioner made the following submissions before us:-