V MUTHUKUMARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) One N. P. Venkatachala Mudaliar instituted a suit on the file of the Original Side of this Court against the Imperial Tobacco Company of India Limited for recovery of sum of Rs. 1,46,000/- with interest at 6%. When he presented the plaint, he also sought permission to institute the said proceedings in forma pauperis and filed an application No. 187 of 1960 seeking leave to institute the proceedings in forma pauperis under the provisions of Order XXXIII, Rule 1, C.P.C. read with Order XIV, Rule 10 of O.S. Rules. Learned Master of this Court appeared to have passed an order dated 27-7-1960 declaring the said Venkatachala Mudaliar as indigent person and leave was granted to him to sue as a pauper.

(2.) The suit was numbered as C.S. No. 114 of 1960 (pauper). During the pendency of the suit he appeared to have died on 28-1-1961 leaving behind him the petitioners, namely, V. Muthukumaran and V. Sathyanarayanan and others as his heirs. An Application No. 637 of 1961 had been filed for bringing the L.Rs. on record and the said application appeared to have been allowed and they were impleaded as plaintiffs. On trial the suit was dismissed by judgement dated 6-3-1963. While dismissing the suit, learned single Judge however did not order costs, but required the plaintiffs in the suit to pay the Court-fee due to Government. For the recovery of the amount of Court-fees this Court appeared to have caused a copy of the decree to be forwarded to the second respondent-Collector of Madras pursuant to the provision adumbrated under Order XXXIII, Rule 14, C.P.C.

(3.) The second respondent-Collector did not appear to have proceeded further in the matter with the diligence and in the year 1984, the third respondent-the Tahsildar, Purasawalkam-Perambur Taluk, Clements Road, Madras-7 appeared to have required the petitioners by letter C-1/15826/78 dated 7-4-1984 to pay a sum of Rs. 10,950/- failing which the amount would be recovered from them under the provisions of the Tamil Nadu Revenue Recovery Act II of 1864 (hereinafter referred to as 'the Act').