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2018 Supreme(Kar) 1228

RAGHVENDRA S.CHAUHAN, B.M.SHYAM PRASAD
V. R. Nagendra Gupta S/o Late V. Rajagopala Setty – Appellant
Versus
Vinyas Construction Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. G.L. Vishwanath.
For the Respondents: Smt. Rashmi Jadhar, Sri. Vasanth V. Fernandis, Sri. T. Rajaram, Sri. Harsha M.

ORDER :

ON I.A. No. 1/2017

1. This application is filed by the appellant under Order XLIV Rule 1, read with section 151 of the Code of Civil Procedure (for short ‘CPC’) seeking permission to institute the appeal as an indigent person. According to the appellant, he does not own any property except the movable properties mentioned in the schedule attached with the application. The movables mentioned in the schedule are only clothes and personal effects and are valued at Rs. 3,500/- by the appellant.

2. The appellant filed an application under Order XXXIII Rule 1 of CPC seeking permission to sue as a forma pauperis, for specific performance of agreement of sale deed 1.4.1997 executed and registered in his favour for conveyance of title to 21 residential plots described in the application schedule. The appellant asserted that he had paid the entire sale price for such residential plots. The appellant annexed a Valuation Slip to the application according to which the appellant was required to pay a court fee of Rs. 2,15,580/- on the plaint. The application was registered as P. Miscellaneous No. 10/2004. The notice of such application was caused to the respondent No. 1, who resisted the ap

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