P.K. Balasubramanyan, J.

This is a petition on behalf of the appellant for permission to re-present an appeal filed earlier and which was returned for curing of defects. The appeal was originally presented in this Court on 18.12-1999. The appeal was accompanied by a petition under O. XXXIII R.1 read with O. XLIV R.1 of the Code of Civil Procedure. The appeal and the application were not presented in compliance with the requirements of O. XXXIII R.-3 of the Code of Civil Procedure in that the appeal and the application was not presented by the applicant in person nor was there any application for exempting the presentation by the applicant or the authorisation of an agent in that behalf who could answer all material questions relating to the application. The Registry while noting the various defects also rightly noticed the defect that the application for permission to appeal as an indigent person was not presented, by the petitioner in person. The appeal and the application were returned for re-presentation after curing the defects.

2. On 3.1.2000 the Advocate who had filed the vakalath on behalf of the petitioner re-presented the appeal and the petition with an assertio