SOLOMON SELVARAJ ESTHER Vs. INDIRANI BHAGAWAN SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the order of the trial court, namely Principal District Judge, Kanchipuram District @ Chengalpattu, dtd. 23/10/2017 made in I.O.P. No.1 of 2015, rejecting an application filed by the petitioners seeking leave to file a suit as indigent persons. The attempted suit is one for declaration of title and for recovery of possession.

(2.) The claim of the plaintiffs was resisted by the defendants contending that the very petition itself is not maintainable, as there are prior proceedings between the parties, in which course, the courts had upheld the title of the defendants to the very suit property. Therefore, it was claimed that the suit is a re-litigation and the court cannot permit such re-litigation by a person, who claims to be an indigent person also. The claim of the plaintiffs that they are indigent persons was also contested.

(3.) The learned Principal District Judge, Kanchipuram District, upon examination of the earlier proceedings, found that the suit is a relitigation and the same cannot be allowed. He recorded a finding that the suit would be barred by res judicata. The learned trial Judge also concluded that the plaintiffs are men of means and hence they are not entitled to the leave to file the suit as indigent persons. On the above findings, the learned trial Judge rejected the application. The correctness of the said order is questioned in this civil miscellaneous appeal.