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1976 Supreme(Ker) 128

G.VISWANATHA.IYER
KUNJURAMAN – Appellant
Versus
THE UNITED INDIA FIRE AND GENERAL INSURANCE CO. LTD. , MADRAS – Respondent


Judgment :-

1. The applicant in O. P. No. 80 of 1974 (Pauper) on the file of the Sub Court, Quilon, is the revision petitioner. He applied for permission to sue informa pauperis. But on the ground that the petitioner did not mention all his movable assets in the schedule to the pauper application the lower court passed a conditional order that if the court fee payable on the plaint is paid on or before 2nd January 1976 the petition will be registered as an original suit. Dissatisfied with that the petitioner has filed this revision petition.

2. Before passing the impugned order the applicant has been allowed to amend his pauper application by incorporating a schedule of his properties and accordingly a schedule of the properties owned by the applicant was incorporated in the pauper application. In that schedule the immovable property belonging to the petitioner and the number of encumbrances thereon were mentioned. It was also stated that the only movable property of the petitioner, namely the fishing boat, has been utterly ruined and the wreck has been abandoned in favour of the defendants and that the plaintiff has no present means to pay the court fee for the plaint claim. The ob






















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