The petitioners are the wife and children of R.V. Revanna, the petitioner in P.Misc.No.37/2004, on the file of the City Civil Court, Bangalore. On 28.07.2004, R.V. Revanna presented a petition under Order 33 Rule 1 read with Order 7 Rule 1 of CPC, to sue the respondents, as an indigent person. The plaint part of the application prayed for the relief of declaration that the sale deed dated 04.01.2003 registered as document No. 17977/2002-03 in the Office of the Sub-Registrar, Kengeri executed in favour of the 1st respondent–Prakash Prabhu, with respect to the plaint ‘B’ schedule property is void and for consequential reliefs.

2. The respondent herein, the 2nd respondent in P.Misc 37/2004, has filed statement of objections inter-alia contending that, R.V. Revanna is not an indigent person falling within the purview of Rule 1 of Order 33 CPC. The 1st respondent – Prakash Prabhu, having not appeared despite service was placed ex-parte.

3. The petition having been posted for receiving evidence about the applicant’s indigency, an affidavit of R.V. Revanna was filed. The petitioner – R.V. Revanna died on 25.11.2008 i.e., before his cross-examination.

4. The petitioners herei