V.S.SATHIYAMOORTHY Vs. M.ALAGAR

JUDGEMENT

(1.) This Civil Revision Petition is filed by the defendant in the suit challenging order passed in P.O.P.No.4 of 2010, permitting the plaintiff / first respondent to file the suit as indigent person.

(2.) The first respondent herein, as plaintiff, has filed the suit in P.O.P.No.4 of 2010 to permit him to file the suit as indigent person and to grant a decree in favour of the first respondent for a sum of Rs.39,31,705/- with interest at 12% against the revision petitioner. Since the plaint was presented as a pauper original petition, the lower Court was asked to grant permission to the first respondent herein to sue as indigent person.

(3.) In the plaint, though the first respondent admitted that he is a broker doing business in real estate, it is stated that his income is less than Rs.1,000/- and he does not own any other property worth more than Rs.10,000/-. The lower Court granted permission to the first respondent to file the suit as indigent person, ignoring the objections raised by the revision petitioner in the counter affidavit. It is seen from the plaint that the first respondent has not even disclosed the source of money to the tune of Rs. 39,00,000/- to advance loan.