KALAIYARASAN Vs. GNAMBAL ACHI

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment learned single Judge in C.M.A.No.500 of 1983. That civil miscellaneous appeal, in directed against the orders of the Subordinate Judge of Pattukkot-tai, in C.P.No.20 The appellants herein are the petitioners in the original petition. The respondents herein the respondents in the original petition. We are referring to the parties in this judgment ours as per their nomenclature in the original petition.

(2.) THE original petition was one presented by the petitioners under O.33, Rule 1 of the of Civil Procedure, hereinafter referred to as the Code, for permission to sue as persons. THE first court held that the petitioners are indigent persons. However, court held that the proposed suit would be barred by limitation. In this view, the first dismissed the original petition. THEre was no accord of time to the petitioners to requisite court-fees. THE petitioners appealed in C.M.A.No.500 of 1983 to this Court learned single Judge of this Court dismissed it upholding the finding of the first court proposed suit would be barred by limitation. As stated above, this Letters Patent Appeal directed against the judgment of the learned single Judge in C.M.ANo.500 of 1983.

(3.) O.33, Rule 15-A of the Code introduced in 1976 certainly enables the court, rejecting the application, to grant time to the applicant to pay the requisite court- such time as may be fixed by the court and upon payment of the cost of the application. O.33, Rule 15-A of the Code in terms reads as follows: