K.Jeevitha vs Jeyapandi
2024 Latest Caselaw 306 Mad

Madras High Court

K.Jeevitha vs Jeyapandi on 4 January, 2024

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

    2024:MHC:5751


                                                                                       C.M.A.No.3115 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     DATED: 04.01.2024
                                                           CORAM

                                  THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

                                                   C.M.A.No.3115 of 2023

                  K.Jeevitha                                                          ...Appellant

                                                              Vs

                  1. Jeyapandi
                  2. Samy Prakasam                                                   ... Respondents

                  Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of CPC, to set
                  aside the Judgement Decree and order passed by the Hon'ble Principal District
                  Judge at Chengalpattu in Indigent OP 225/2021 dated 13/09/2023 consequently
                  direct the Hon'ble trial court to receive the balance court fee and number as
                  Original suit.
                                           For Appellant     : Ms.M.S.Rajeswari

                                                           JUDGMENT

Challenging the impugned order of the Court below dated 13.09.2023,

this Civil Miscellaneous Appeal has been filed.

https://www.mhc.tn.gov.in/judis

2. The case of the appellant is that the appellant had initially filed an

Indigent O.P.No.225 of 2021 on the file of the Principal District Court,

Kancheepuram District, Chengalpattu. Since, owing to the COVID period, the

plaintiff/appellant had suffered financial distress, and hence, she filed a Suit

along with Indigent O.P.No.225 of 2021, to sue her as informa pauperis.

However, the said Suit is rejected on the ground of Non-payment of Court Fee.

Aggrieved by the same, the present Civil Miscellaneous Appeal is filed.

3. The learned counsel for the appellant/petitioner would submit that,

now, the petitioner has come out from the financial crisis and ready to pay the

entire Court Fee. In this regard, she has also filed a Memo before the Court

below dated 07.07.2023, however, the Court below without taking into

consideration of the same, rejected the said Petition vide order dated

13.09.2023.

4. Heard the learned counsel for the petitioner. Considering the nature

of order that is to be passed herein, notice to the respondents is dispensed with.

https://www.mhc.tn.gov.in/judis

5. Considering the fact that the petitioner is now in a sound financial

state and is ready and willing to pay the entire Court Fee, this Court, in the

interest of justice, directs the Court below to entertain the suit if the plaint is re-

presented, upon payment of the entire Court Fee. Therefore, this Court directs

the appellant/petitioner to represent the plaint within a period of two weeks

from the date of receipt of a copy of this order along with payment of sufficient

Court Fee and thereafter, the Court below is directed to take the Suit on record

and deal with the same in accordance with law.

6. With the above directions, this Civil Miscellaneous Appeal is

disposed of. No Costs.

04.01.2024

Index: Yes/No Internet:Yes/No Speaking order/Non-speaking order Neutral Citation: Yes/No jd

To

The Principal District Judge, Kancheepuram District, Chengalpattu.

https://www.mhc.tn.gov.in/judis

KRISHNAN RAMASAMY,J.

jd

04.01.2024

https://www.mhc.tn.gov.in/judis