ILAYATH BEGUM Vs. SAHIB BASHA

JUDGEMENT

(1.) DEFENDANTS 1 to 8 are the petitioners in this civil revision petition against the order of the court below dated 10.3.1994 allowing O.P.No.169 of 1990 on its file and thereby permitting the 1st respondent-plaintiff to sue as an indigent person. The suit is for declaration of plaintiffs title to the suit B schedule property and for possession of suit C schedule property, which is part of suit B schedule property.

(2.) THE only submission made by. learned counsel for the petitioners is that the court below ought to have rejected the original petition under O.35, Rule 5(f). C.P.C. which runs as follows: "THE court shall reject an application for permis-sion to sue as an indigent person where the allegations made by the applicant in the application show that the suit would be barred by any law for the time being in force." According to the said learned counsel the suit would be barred by res judicata under Sec.11 of the Code of Civil Procedure in view of the earlier dismissal of the plaintiffs similar suit O.S.No.6360 of 1969, which ended in L.P.A.No.72 of 1981 on the file of this Court. Further according to him, the suit would be barred by limitation and the court below erred in holding that Art.65 of the Limitation Act would apply, According to him, the Article applicable is Art.58 or the residuary Art.113 of the Limitation Act.

(3.) FOR all these reasons, the civil revision petition is not admitted, but dismissed.