( 1 ) PETITIONERS have Filed this petition under Order XXXIII, CPC for permission to sue the respondent as indigent persons in suit for recovery of possession of immovable/movable properties and also the mesne profits. It is, inter alia, alleged in the petition that Madan Mohan, who expired on July 4, 1996, appointed the petitioners as trustees in respect of the estate left behind by him under the Will dated April 23, 1995. According to the Will property No. 8-2/187, Paschim Vihar, New Delhi and movables owned by aforesaid Madan Mohan were conditionally bequeathed by him in favour of his son Lalit Mohan with the stipulation that if before the end of the year, 2001 he did not have any issue born to his wife or any child and being legally adopted by them, all the assets including the imovable propety were to be disposed of as soon as possible by the petitioners as trustees and invest the complete income accruing therefrom as donation for charitable purpose either as one time donation or donations in the form of recurring income from the investment made for the purpose or both as per the majority decision of the petitioners. It is further stated that said Lalit Mohan expire