MOHANA BALUSAMY Vs. N GOMATHI

JUDGEMENT

(1.) Second Respondent in P.O.P. No. 19 of 2005, on the file of the Subordinate Court, Bhavani, is the Petitioner in the above Civil Revision Petition.

(2.) The First Respondent herein filed the above Petition, seeking leave to file a Suit as indigent person. From the Affidavit filed in the said Petition, it has been stated that the First Respondent is not possessed of sufficient means to pay the necessary Court Fees on the Plaint and he has no other property other than the suit property. The First Respondent herein cannot raise any funds from out of the said suit property. The Petitioner herein contested the application, by filing a Counter Affidavit, inter alia alleging that the First Respondent is entitled to get one share out of 18 shares in agricultural lands situated in R.S. No. 544/2 (total extent of 8 Acres) of P. Mettupalayam Village, Gobichettipalayam Taluk. It was the case of the Petitioner that the share of the First Respondent's agricultural property would be worth about Rs. 1,00,000/- as on date. It is further stated in the Counter Affidavit that the First Respondent is also holding Saving Bank Account No. 1967 with Indian Overseas Bank, Kavindapady Branch and from which, the Petitioner had also withdrawn a sum of Rs. 31,000/- on 25.01.2005 from her Savings Bank Account. She further contended that the First Respondent had also received the sale proceeds from the Second Respondent on 18.09.2002, 22.12.2003 and 25.02.2004 and had issued receipts, Exs. A1, A2 and A3 respectively. But the aforesaid facts have been deliberately suppressed by the First Respondent in the Petition. Therefore, he sought for dismissal of the Petition. The Court below allowed the said Petition. Being aggrieved by the order of the Court below, the Petitioner is before this Court.

(3.) Heard the learned Counsel for the parties and perused the materials available on record.