JUDGMENT :

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is directed against the final judgment and order dated 10.03.2014 passed by the High Court of Kerala at Ernakulam in CMC No.78/2011 in RFA No..../2011 whereby the Division Bench of the High Court dismissed the CMC petition filed by the appellant herein.

3. The facts of the case lie in a narrow compass as would be clear from their narration infra so also the controversy which is involved in this appeal is a short one.

4. The appellant is the plaintiff and the respondents are the defendants in the civil suit out of which this appeal arises.

5. The appellant filed a civil suit against the respondents in the Court of 1st Additional Sub-Judge, Thiruvananthapuram being OP (indigent) No. 38/96 for recovery of Rs.74,66,107/-. This suit was filed under Order 33 Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code"). The appellant alleged that he is unable to pay ad valorem court fees of Rs.3,96,610/- which was payable by him on the claim made in the suit and therefore he be granted permission to institute the suit as an indigent person.

6. The respondents (defendants) contested the claim by filing written