JUDGMENT :

This original petition filed under Article 227 of the Constitution of India poses two pertinent questions;

(i) Whether attachment of movables from the house of the petitioner where he has been residing along with family members, in another suit, is a ground to dismiss a petition filed under Order 44 Rule 1 of the Code of Civil Procedure whereby the petitioner sought permission to sue as an indigent person, after holding that the petitioner suppressed possession of said movables without disclosing the same?

(ii) Whether earning status of the spouse and financial capacity of the parents or relatives of the petitioner are grounds to hold that a petitioner in an application filed under Order 44 Rule 1 of the Code of Civil Procedure as a person having sufficient means to pay the required court fee?

2. The petitioner/appellant, who filed Interlocutory Application No.420 of 2019 in A.S.No.31 of 2019 under Order 44 Rule 1 of the Code of Civil Procedure to proceed with Appeal Suit No.31 of 2019 on the file of the Sub Court, Koyilandi as an indigent person has filed this original petition challenging Ext.P12 order whereby the learned Sub Judge dismissed the above application as per o