Kerala High Court
Rajalekshmi vs Sasi Kumar on 8 July, 2021
RSA No.443/2020 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Thursday, the 8th day of July 2021 / 17th Ashadha, 1943
CMCP.NO.26/2020 IN RSA NO. 443 OF 2020
OS 689/2013 OF PRINCIPAL MUNSIFF COURT, CHERTHALA.
AS.NO.53/2015 OF THE SUB COURT,CHERTHALA.
PETITIONERS/APPELLANTS:
1. RAJALEKSHMI, W/O. UNNIKRISHNAN,AGED 56 YEARS, REVATHIYIL,
ARAYATTATTU PUTHEN PURAYIL, FROM AMBELILAYA ARAYATTATTU, MATTATHIL
BHAGAM MURI, AROOKUTTY VILLAGE, AROOKUTTY P.O, ALLAPUZHA DISTRICT
688 535
2. KIRAN U, S/O. UNNIKRISHNAN,AGED 28 YEARS, REVATHIYIL , ARAYATTATTU
PUTHEN PURAYIL, FROM AMBELILAYA ARAYATTATTU, MATTATHIL BHAGAM MURI,
AROOKUTTY VILLAGE, AROOKKUTTY P.O, ALLAPUZHA DISTRICT 688 535
3. AMAL U, S/O. UNNIKRISHNAN, AGED 25 YEARS, REVATHIYIL , ARAYATTU
PUTHEN PURAYIL, FROM AMBELILAYA ARAYATTATTU, MATTATHIL BHAGAM MURI,
AROOKUTTY VILLAGE, AROOKUTTY P.O, ALLAPUZHA DISTRICT 688 535
BY ADVS M/S G.SREEKUMAR (CHELUR),SMITHA GEORGE,HANI.S. MANAKKAL
RESPONDENT/RESPONDENT:
SASI KUMAR, S/O. VASUDEVAN NAIR, AGED 51 YEARS,VELIYAM KUNNATHU
VEETTIL, VALAMANGALAM SOUTH MURI, THURAVOOR VILLAGE, THURAVOOR P.O,
ALLAPUZHA DISTRICT 688 532
BY ADV SRI.C.G.RAJKUMAR
Civil Miscellaneous Case (pauper) praying inter alia that in the circumstances stated in
the affidavit filed along with the CMCP the High Court be pleased to permit the appellants to
file the above appeal as indigent persons, in the interest of justice.
This petition coming on for orders upon perusing the petition and the affidavit filed in
support of CMCP and upon hearing the arguments of M/S.G.SREEKUMAR
(CHELUR),SMITHA GEORGE,HANI.S. MANAKKAL,, Advocates for the petitioners and SRI.
C.G. RAJKUMAR,Advocate for the respondent, the Court passed the following:
RSA No.443/2020 2/4
N. ANIL KUMAR, J.
-------------------------------------------
CMCP No.26 of 2020
in
R.S.A.No.443 of 2020
---------------------------------------------
Dated this the 8th day of July, 2021
ORDER
This is an application filed to permit the
petitioners/appellants to file the above appeal as indigent
persons.
2. The appeal is against the judgment and decree
in A.S.No.53/2015 of the Sub court, Cherthala. The suit
was decreed allowing the respondent/plaintiff to realise
Rs.8,68,533/- together with interest at 6% per annum
from the date of the suit till realisation with costs all
through out.
3. In the affidavit filed in support of the
application, the 1st petitioner/1st appellant would swear
that she has no properties of her own except the
properties mentioned in the schedule. It is further stated
that the 1st petitioner/ 1st appellant has no income of her
RSA No.443/2020 3/4
CMCP NO.26/2020 in
RSA No. 443 of 2020
..2..
,
own and the 1st petitioner is physically infirm to eke out a
livelihood. According to the 1st petitioner, the petitioners
have no other source of income and the 1 st petitioner has
not offered any financial assistance from any person
within a period of three months in the past and she has
not entered into any transaction as well.
4. Pursuant to the application, a report of the
Revenue authorities was obtained. The learned
Government Pleader submitted the report of the
Tahsildar, Cherthala before this Court. On a perusal of
the report, it is seen that the petitioners are residing in a
building which is scheduled in the application seeking to
sue as an indigent persons. Further it is reported that
the 1st petitioner is getting a monthly income of Rs.1000/-
from the shop room which has been let out to the tenant.
5. Heard the learned counsel for the
petitioners/appellants and the learned Government
Pleader.
RSA No.443/2020 4/4
CMCP NO.26/2020 in
RSA No. 443 of 2020
..3..
,
6. Considering the total claim involved in the suit,
which is under challenge in this appeal, this Court is of
the view that even if the petitioners/appellants have any
income as stated in the report, the aforesaid income is
not sufficient to pay the requisite court fee for the amount
covered under the decree. This cannot be treated as
sufficient means to pay the court fee as contemplated
under law. In view of the circumstances, it is just and
proper to allow the application.
7. In the result, this application is allowed. The
petitioners/appellants are permitted to institute the
appeal as indigent persons.
Post for admission next week.
Sd/-
N. ANIL KUMAR, JUDGE
kkj
08-07-2021 /True Copy/ Assistant Registrar
