Heard the learned counsel for the appellant and respondents.

2. The appeal is against an order passed by the Ist Additional Sub Judge, Thrissur on I.A No.5118 of 2015 in O.S No.17 of 2015, challenging maintainability of the original petition (indigent) filed by the appellant herein. According to the trial court, the original petition is barred under Order 23 Rule 1(4) of the Code of Civil Procedure, 1908 (in short 'C.P.C'), even though the trial court has wrongly mentioned the provision as Order 23 Rule 4 C.P.C in the impugned order.

3. Facts, relevant, are stated in brief :

The appellant (plaintiff) approached the court below to set aside a registered document executed by him in favour of the first defendant. Initially, he filed an original petition as an indigent person (POP No.16 of 2007) stating the grounds, on which he attacked the document. Later, the petition was dismissed as withdrawn on 13-04-2007. It is important to note that the appellant did not take any permission from the court for withdrawal of the original proceedings in POP No.16 of 2007. In fact, he, on noticing some formal defects, endorsed that the petition is not pressed.

4. Subsequently, the appellant pr