S.M. ALI MOHAMED, J.

1. This appeal under Cl. 15 of the Letters Patent, is preferred against the order of the learned single judge made in Application No. 3433 of 1993 in C.S. No. nil dated 23.8.1993.

2. The appellant/plaintiff, New Bank of India filed a suit on the original side of the High Court for recovery of a sum of Rs. 1,36,000/- with interest thereon against (1) Official Assignee, High Court, Madras, representing N. Pathmanathan, Insolvent in I.P. No. 96 of 1991 Proprietor of P.P.K.V. Natarajan and Sons and (2) Tmt. Thangathurai Achi and filed an Application No. 3433 of 1993 before the trial court to grant permission/leave to sue the Official Assignee, High Court, Madras in the above proceedings. The learned single judge dismissed the above application for leave to sue the Official Assignee in the above proceedinhgs. Aggrieved by the above order, the appellant/plaintiff has preferred this appeal.

3. The learned single judge has summarised the respective plendings of the appellant/plaintiff and the first respondent first defendant as follows:

“The applicant in their affidavit contends as follows:—

The plaintiff bank has advanced monies to one Mr. N. Pathmanathan, Pr