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2025 Supreme(Online)(KER) 10924

HIGH COURT OF KERALA
K. Babu, J
ALICE PAUL – Appellant
Versus
ANTONY PETER – Respondent


Advocates:
P.B.KRISHNAN, P.B.SUBRAMANYAN, SABU GEORGE, B.ANUSREE, MANU VYASAN PETER, M.NARENDRA KUMAR

ORDER

The challenge in this Original Petition is to the order dated 17.02.2021 in I.A.No. 330/2017 in O.S.No.4/2016 on the file of the Subordinate Judge’s Court, Thodupuzha.

2. The defendants in the suit challenge the order of the trial Court grating permission to the plaintiffs to sue as an indigent persons, as provided in Order XXXIII Rule 1 CPC.

3. The plaintiffs instituted the Original Suit for damages and injunction. The suit was valued at Rs.32,00,500/-. The balance Court fee payable was worked out at Rs.3,18,430/-. Plaintiff No.1 pleaded that he is not possessed of sufÏcient means to pay the balance court fee. He stated that the only item of immovable property owned and possessed by him is 1 acre 32 cents of land, covered by sale deed No.2187/98 of SRO Pothanicadu. He availed a series of financial loan from different banks offering his property as security. He entered into an agreement with the defendants in relation to slaughter tapping of rubber trees in the property. Plaintiff No.1 pleaded that due to the unilateral violation of the agreement in question, the entire loan transactions fell due and the bank had initiated proceedings against him and the immovable property refer

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