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1996 Supreme(Ker) 424

S.SANKARASUBBAN
Yashoda – Appellant
Versus
State of Kerala – Respondent


Judgment :-

S. Sankarasubban, J.

Petitioners in I. A. No. 666/95 in O.S. No. 158/94 of the Subordinate Judge's Court, Kasaragod are the petitioners in the above Civil Revision Petition. Suit was filed by one Narayana Poojary. He died and subsequently, petitioners were impleaded as additional supplemental plaintiffs. The original plaintiff deposited the I/10th court fee. Subsequently, plaintiffs filed LA. No. 666/95 for prosecuting the case in forma pauperis. Court below found that the petitioners can be allowed to prosecute the suit as indigent persons, but further held that they should furnish adequate security for payment of balance court fee when called for. Thus plaintiffs were directed to furnish adequate security for the balance court fee payable. It was further stated that till then, the plaintiffs cannot be allowed to proceed with the matter. Petitioners challenge the above conditions.

2. Sri P.B. Krishnan, learned counsel for the petitioners submitted that the Court below had no jurisdiction to impose such a condition. According to him, once the court finds that the plaintiffs are entitled to prosecute the suit as indigent persons, then no more further conditions can be impo




















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