Babu Mathew P. Joseph, J.

1. Does Rule 3 of Order XXXIII, CPC applies to an application to which Rule 3 of Order XLIV, CPC applies is the question that arises for consideration in this reference?

2. The facts that are necessary for disposing of this reference are briefly stated as follows:

The applicants/appellants 1 to 3 were the plaintiffs 1 to 3 respectively in O.S.No.232 of 2007 on the files of the Subordinate Court, Thalaserry. The appellants 1 and 2 are husband and wife and the third appellant is their son. K. Sumesh, the elder son of the appellants 1 and 2 and the brother of the third appellant, died of electrocution on 30-07-2006. He was aged 18. The appellants sued the Kerala State Electricity Board and one of its officers for damages on account of the death of Sumesh. The suit was permitted to be instituted by the appellants as indigent persons. The appellants claimed Rs.5,57,000/- (Rupees five lakh fifty-seven thousand only) as damages. The court below awarded Rs.2,25,000/- (Rupees two lakh twenty-five thousand only) as damages. Dissatisfied with the quantum of damages awarded by the court below, the appellants have preferred this appeal, as indigent persons, unde