JUDGMENT

Petitioner in Original Petition (Indigent) No.1/2023 on the file of the Subordinate Judge’s Court, Sulthan Bathery, has filed this appeal aggrieved by the rejection of the application filed under Order XXXIII Rule 1 of the Code of Civil Procedure .

2. According to the appellant, respondents/defendants offered to sell a property of the 2^nd respondent to the appellant and a sale agreement was executed on 9.2.2011. The total consideration fixed was Rs.1,50,67,500/-. Appellant had given Rs.10,00,000/- as advance consideration. On 24.2.2011 and 7.5.2011, Rs.20,00,000/- each were paid to the 1^st respondent, the power of attorney holder of the 2^nd respondent. These payments were endorsed on the reverse side of the agreement. The appellant entered into another agreement with two others on the strength of the agreement executed between him and the 1^st respondent for sale of the same property for a higher consideration.

3. According to the appellant, on 9.2.2011, he was detained and the agreement was forcefully taken from him by the respon