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1997 Supreme(Ker) 132

P.K.BALASUBRAMANYAN
Jayaraja Menon – Appellant
Versus
Rajakrishnan – Respondent


Judgment :-

Balasubramanyan, J.

These revisions are by the same plaintiff in four suits against four dailies in the State for recovery of damages for defamation. The plaintiff filed the four suits O.S.Nos.174 of 1989 to 177 of 1989 with petitions for permission to sue as an indigent person. After the enquiry into the indecency of the plaintiff, he was permitted to sue as an indigent person. The suits were numbered and proceeded with. When they were ultimately posted applications were made by the defendants invoking O. XXXIIIR. 9 of the Code of Civil Procedure submitting that the plaintiff has then such means that he ought not to continue to sue as an indigent person. This was because, the plaintiff who was a Police Officer and who was under suspension earlier had later been reinstated and had retired from service and had come by the retirement benefits and the arrears of salary due to him. Though the amounts were received in the year 1992 the applications for dispaupering the plaintiff were made only in the year 1994. The plaintiff had received a sum of Rs. 2,80,297/- and the court fee payable in all the four suits together was only Rs. 1,14,000/ -. The plaintiff resisted the applic









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