K BALAKUMAR Vs. M S JAYAPRAKASH

JUDGEMENT

(1.) THIS appeal is against the order of the 10th Assistant judge, City Civil Court , Madras , in O. P. No. 192 of 1975, dismissing the petition seeking permission to file the suit as an indigent person.

(2.) THE appellant's mother by name Narasammal, filed the petition seeking permission to file the suit as an indigent person. THE learned 10th Assistant Judge, City Civil Court , Madras , dismissed the petition, against which a revision was filed in this Court and this Court allowing the revision, remanded the matter for fresh consideration. During the pendency of this petition for enquiry, the appellant's mother Narasammal died and the appellant herein got impleaded himself as the legal heir of the said narasammal. He continued this petition under 0. 33, Rule 1, Code of Civil procedure as legal heir of his mother seeking permission to file the suit without payment of the court-fee. THE 10th Assistant Judge, City Civil Court, has dismissed the petition holding that as this petition was filed by the appellant's mother to permit her to file the suit as an indigent person, after her death, the relief sought for by her, which is personal, came to an end, that the appellant herein did not file a separate petition seeking permission to file the suit as an indigent person or amend the petition to describe himself as an indigent person and therefore, this petition was not maintainable.