V. RAMKUMAR, J.

1. In this appeal filed under Order 43 Rule 1(na) of the Code of Civil Procedure, the appellant who was the petitioner in P.O.P No.6/2010 on the file of the Sub Court, North Paravur challenges the order dtd.3.1.2011 passed by the Court below dismissing his application to institute the suit as an indigent person. In the proposed suit he is seeking a declaration that the assignment deed purported to be executed by him in favour of defendant No.1 with respect to A schedule property admeasuring 9 = cents of immovable property is a nullity. According to the appellant he is a coolie worker and he merely offered his property as a security to oblige the 1st defendant, a builder to avail a loan from the 2nd defendant and it was only later that he discovered that a fraud had been practiced on him by the 1st defendant by getting an assignment deed executed by the appellant. The plea is one of non est factum. There is no dispute that the total extent of the property possessed by the petitioner is only 11 cents of which 9 = cents was the subject matter of the impugned assignment deed. What remains is only 1 = cents of land and not 6 cents as was wrongly assumed by the co