KAMU ALIAS KAMALA AMMAL Vs. M MANIKANDAN MINOR

JUDGEMENT

(1.) Respondents 1 to 3 in Pauper O.P. No. 3 of 1994 on the file of the First Additional Sub Judge, Tiruchirappalle, are the petitioners in the above revision.

(2.) The first respondent herein has filed pauper O.P. No. 3 of 1994 seeking permission to file the suit in forma pauperis since he has no property of his own movable or immovable. He has also averred that he is under the care and protection of his maternal uncle. He is aged about 9 and he has not alienated any property represented by guardian to any third party within 2 months preceding to the filing of the suit, nor has he entered into any agreement with third parties with reference to the subject matter of the suit. He has not rendered himself disqualified to sue as indigent person. The same has been resisted by the first respondent in the said O.P. contending that there is no cause of action for filing the present suit and no case has been made out to file the suit in forma pauperis.

(3.) Before the Court below, one Palaniappan, maternal guardian of the minor petitioner/plaintiff was examined as P.W.1 and first defendant, namely, Kamu alias Kamalammal was examined as P.W.1. On behalf of the first respondent before the court below, 4 documents were marked as Exs. R. 1 to R. 4. Considering all the above reports, the Court below after holding that with regard to the merits of the case, it has to be decided only at the time of the disposal of the suit and in as much as there is no valid tenable objection to the counter with regard to indigency of the plaintiff granted permission to sue as indigent person. The said order has now been challenged in the present revision.