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1987 Supreme(Ker) 19

U.L.BHAT, SANKARAN NAIR
XAVIER – Appellant
Versus
KURIAKOSE – Respondent


Judgment :-

1. The appellant moved the court below for leave to sue as an indigent person. This was resisted by respondents 1 to 4. Leave was refused, and hence the appeal.

2. The appellant owns 2.72 cents of land on which stands his residential building. On the reasoning that this is worth Rs. 20,000/-, the court below concluded that, 'the application cannot be allowed'. The court said no more; and considered nothing else. What is germane is whether the appellant is possessed of 'sufficient means', to pay court fee, and not whether he is possessed of any means. An indigent person need not be one bereft of all material possessions of value. 0.33 understands an indigent person as:

"Explanation I A person is an indigent person,- (a) If be is cot possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or

(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree and the subject-matter of the suit".

The Code confers the benefit o







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