Heard the learned counsel for the revision petitioners and also the learned counsel appearing for respondents(TNEB) and considered their respective submissions.
2. The impugned order passed by the learned Principal Subordinate Judge, Cuddalore in POP No.218 of 2000 ,a petition filed under Order 33 Rule 1 CPC is under challenge in this revision The papur suit was filed by the petitioners claiming a sum of Rs.1,00,000/- towards compensation for the death of the husband of the first petitioner and the father of the petitioners 2 to 5 who died in an accident, on coming into contact with snapped live wire in the garden. According to the revision petitioners, apart from the properties scheduled to the plaint "A" schedule, they have no other properties either movable or immovable and that they do not have any means to pay the Court fee under the plaint which comes to Rs.7500/50ps. On the ground that the electricity connection is in the name of the first petitioner for the motor pumpset in the land, the learned trial Judge had dismissed the papur petition holding that the petitioners have means to pay the Court Fee. It is a definite contention of the petitioners that there is no land in possession of the petitioners on the date of filing of the papur suit. There is no materials placed before the trial Court to show that the land belonged to the petitioners and that they are in possession and enjoyment of the same and paying the land tax. Even ultimately, the petitioners succeed the suit, they have necessarily to pay the Court fee. Under such circumstances, I am of the view that an opportunity must be given to the petitioners to prosecute the suit informa paupris.
3.In fine, this civil revision petition is allowed and the judgment passed in POP No.218 of 2000 on the file of the Court of Principal Subordinate Judge, Cuddalore is set aside. The learned trial Judge /Principal Subordinate Judge,Cuddalore , is directed to number the suit and proceed with the same in accordance with law and try to dispose of the same within three months from the date of receipt of a copy of this order. No costs.
sg To the Principal Subordinate Judge, Cuddalore