Sankaran, J.

The question involved in this appeal is whether a plaintiff who has paid only 1/10th of the court fee along with the plaint and who has sold a substantial item of immovable property after the institution of the suit could claim to be an indigent person and maintain an application under Rule 1 of Order 33 of the Code of Civil Procedure, in so far as the balance court fee is concerned.

2. The appellant instituted O.S.No.533 of 1996, on the file of the Additional Sub Court, Thrissur for realization of a sum of Rs.5,46,760/- from the defendants. The court fee payable is Rs.39,307/-. Along with the plaint, the appellant paid Rs.4,000/- as court fee as 1/10th of the court fee payable under Section 4A of the Kerala Court Fees and Suits Valuation Act, 1959. Written statement was filed by the defendants on 12.9.1997 and they also preferred a counter claim on that date. However, issues were framed only on 6.11.2003 and the appellant/plaintiff was directed to pay the balance court fee. After the institution of the suit, the appellant/plaintiff sold an extent of 13 cents of land with a two storied building on 21.5.1998, as per Ext.B1 assignment deed, for a consideration