This Civil Revision petition is filed against the Order of the learned Sixth Assistant City Civil Judge, Madras, refusing to allow the petitioners to sue in forma pauperis in a suit brought by the petitioners for redemption of the mortgaged property.

The property is said to have been purchased for Rs. 1,750. Long prior to the sale it was mortgaged by way of simple mortgage and the amount due under the same with interest came to Rs. 800 on the date of suit. There seems to be dispute as to what exactly is the amount due to the mortgagee under the suit mortgage. Whatever that be, it has to be gone into and decided by the Court when disposing of the suit. But so far as the suit itself is concerned it is one for redeeming the mortgage, that is to say, paying off the amount due under the mortgage and releasing the property from the mortgage debt.

The learned City Civil Judge has held that since the mortgaged property is subject to encumbrance only to the extent of Rs. 800, the equity of redemption is worth Rs. 950 and therefore on this value of the equity of redemption further money could be raised to enable the petitioners to pay the Court-fee due to the Government on the plaint.