Kerala High Court
Benny Thomas vs Jessy on 13 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
OP(C) NO. 79 OF 2022
AGAINST THE ORDER IN IA 1/2021 IN OP(INDIGENT) 3/2018 OF
SUB COURT, MAVELIKKARA
PETITIONER/PETITIONER/1ST RESPONDENT:
BENNY THOMAS, AGED 57 YEARS,
S/O.THOMAS, BETHEL PUTHENVEEDU, KURATHIKADU P.O.,
THEKKEKARA VILLAGE,
NOW EMPLOYED AT AL-REEF INTERNATIONAL TRADING
CONTRACTING COMPANY, L.L.C, P.O BOX NO.1238,
SALALAH-211,
SULTANATE OF OMAN
REPRESENTED THROUGH THE P.A.HOLDER BINU BABY,
AGED 44 YEARS,
S/O. BABY, PUTHENPURAYIL, VAZHUVADI MURI,
THAZHAKKARA VILLAGE.
BY ADV S.K.SAJI
RESPONDENTS/RESPONDENTS/PETITIONER AND 2ND RESPONDENT:
1 JESSY, AGED 53 YEARS,
NOW RESIDING AT BETHEL PUTHEN VEEDU,
KURATHIKADU P.O., THEKKEKARA VILLAGE, PIN-690107.
2 THE DISTRICT COLLETOR,
OFFICE OF THE COLLECTORATE, ALAPPUZHA. PIN-
688001.
GOVERNMENT PLEADER SRI K.DENNY DEVASSY
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P(C).No.79 of 2022 2
A. BADHARUDEEN, J.
================================
O.P(C).No.79 of 2022
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Dated this the 13th day of January, 2022
JUDGMENT
In this Original Petition filed under Article 227 of the
Constitution of India, the order in I.A.No.1/2021 in O.P(indigent)
03/2018 on the file of the Sub Court, Mavelikkara is under
challenge.
2. Heard the learned counsel for the petitioner.
3. The grievance of the petitioner is that after giving
evidence by the 1st respondent/original petitioner/the claimant
herself as an indigent person, it was brought to the notice of the
petitioner herein that she had Rs.1 lakh in her bank account and
the same was not brought to the notice of the court at the time
when she was examined. Though I.A.No.1/2021 was filed to
recall the witness, the learned Single Judge dismissed the same
without a speaking order. According to the petitioner, the said
order is erroneous and an opportunity must be given to the
petitioner herein to show that the indigent petitioner is having
sufficient means to pay court fee. Copies of bank statements also
have been placed before this Court. Therefore, the contention
raised by the petitioner is prima facie having force.
4. In view of the matter, I am inclined to set aside the
order impugned with a direction to the learned Sub Judge to
reconsider I.A.No.2/2021 in O.P(Paup).03/2018 and pass orders
afresh, after taking note of the fact that the petitioner herein wants
to adduce evidence to prove the means of the indigent original
petitioner to pay court fee. The learned Sub Judge is directed to
pass orders on I.A.No.2/2021 in O.P(Paup).03/2018 within a
period of 3 weeks.
5. The Original Petition is disposed of as above.
Registry shall forward a copy of this judgment to the Sub
Court, Mavelikkara, for information and compliance, within 7
days.
Sd/- (A. BADHARUDEEN, JUDGE)
rtr/
A P P E N D I X
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION IN O.P(PAUP)
03/2018 PENDING BEFORE THE SUB COURT,
MAVELIKKARA.
EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER/1ST RESPONDENT IN O.P.(PAUP)
3/2018 OF SUB COURT, MAVELIKKARA.
EXHIBIT P3 TRUE COPY OF THE DEPOSITION OF PW1 IN
O.P.(PAUP) 3/2018 OF SUB COURT,
MAVELIKKARA.
EXHIBIT P4 TRUE COPY OF THE BANK STATEMENT OF THE
1ST RESPONDENT FOR A PERIOD FROM
01.12.2015 TO 02.02.2021.
EXHIBIT P5 TRUE COPY OF THE I.A. 01/2021 IN O.P.
(PAUP) 3/2018 OF SUB COURT,
MAVELIKKARA.
EXHIBIT P6 TRUE COPY OF THE ORDER IN IA NO.1/2021
IN OO.P.(PAUP) 3/2018 OF SUB COURT,
MAVELIKKARA.
