( 1 ) THIS appeal is filed by the petitioner in P. Mis. No. 666 of 1980, on the file of the XII Additional City Civil Judge, Bangalore, challenging the order passed on 27-1-1982. The said application was filed for seeking permission to file the suit as an indigent person. The same has been rejected on the ground that the suit brought by the plaintiff is barred under O. 23, R. 3a of the Code of Civil Procedure. The order of rejection is passed under Cl. (f) of O. 33, R. 5 C. P. C.

( 2 ) FEW facts which are necessary to appreciate the points in controversy are as follows : petitioner is the husband of respondent 4 A. Lakshmi; respondents 2 and 3 are his minor sons; and respondent 1 is his father-in-law, who is an Advocate. The petitioner was an adopted son in an affluent family. The adoptive mother died on 2-1-1979. During her lifetime, petitioner and respondent 4 were married on 8-5-1970. After the death of the adoptive mother, respondent 4, on her behalf and also acting on behalf of her two minor sons namely, respondents 2 and 3, instituted a suit in O. S. No. 187 of 1979, on the file of the principal Civil Judge, Bangalore District, Bangalore, The defendant in t