Annie John, J.

This petition has been filed to permit the petitioner to prosecute the accompanying Regular First Appeal as indigent person. The petitioner is the defendant in O.S. No. 715 of 2011 on the file of the Sub Court, Kozhikode. The suit was filed for the specific performance of a contract.

2. The learned counsel for the petitioner contended that the court below, on an erroneous application of facts, law and evidence to the case, decreed the suit by ordering specific performance. Now the respondent has filed an application for executing the decree. The specific case of the petitioner is that he has not received any such amount from the respondent as alleged in the plaint. He has also submitted that if the application is proceeded with, he will be put to irreparable loss and prejudice. The total jurisdiction value shown in the court below is Rs.45,00,500/- and the court fee paid thereon was Rs.3,78,440/-. As per Section 52 of the Kerala Court Fees and Suits Valuation Act, he has to pay the same court fee that was paid in the court below in the above appeal also. He has further submitted that he has no sufficient means to pay the required court fee to prosecute the appea