SRIRANGA NACHARAMMAL Vs. VARALAKSHMI FUND VELLORE LTD

JUDGEMENT

(1.) THIS civil revision petition is against the oarder of the learned Subordinate judge of Vellore directing the petitioner to furnish security in the sum of Rs. 500 towards the cost of the suit. The petitioner sought leave to file the suit in forma pauperis and she was permitted to file the suit in forma pauperis and the suit was numbered. The suit' was one for maintenance and enforcement of a charge against the properties of her deceased husband. The husband is said to have executed in the year 1929 a deed under which he under took to pay a sum of Rs. 30 per month towards the maintenance for the first wife with whom he could not live amicably, and also a sum of Rs. 50 every year for her clothing. The petitioner is the first wife of the husband, and the husband married a second wife. On the occasion of the second marriage, this settlement appears to have taken place.

(2.) THE case of the petitioner is that under this agreement which is a registered one, she was being paid maintenance until the death of the husband which took place in 1935. Thereafter these amounts of Rs. 30 per month and Rs. 50 per annum are said to have been paid by the step-son of the petitioner until the year 1944. In 1947 this step-son, who figures as the first defendant in the suit, mortgaged the properties to the 2nd defendant. Varalakshmi Fund at Vellore represented by its Managing Director for a sum of Rs. 5000. The first defendant did not pay this mortgage debt and the second-defendant brought, a suit and obtained a decree. In execution of this decree the property was brought to sale and has since been purchased in auction by the 2nd defendant, the Fund, itself.

(3.) ON an application made by the 2nd defendant-fund-calling upon the petitioner to furnish security for the suit to which the 2nd defendant is a party, the learned subordinate Judge being of the opinion that the petitioner is a puppet in the hands of the 1st defendant, her step-son, directed that the petitioner should furnish security in the sum of Rs. 500. It is this order that is now being sought to be revised by the petitioner.