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2025 Supreme(Online)(Ker) 37882

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
CHELLAMMA – Appellant
Versus
MANOJ – Respondent


Advocates:
For the Appellants/Petitioners: SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SMT.V.T.LITHA, SMT.K.R.MONISHA, SHRI.JIJO PAUL
For the Respondents: SRI.K.S.HARIHARAPUTHRAN, SMT.PINKU MARIAM JOSE, SMT.K.M.FATHIMA

Table of Content
1. challenge of a court decision on indigence. (Para 1 , 2)
2. court's reliance on previous case law critiqued. (Para 4)
3. legal criteria for indigency are clarified. (Para 5 , 6 , 7)
4. order set aside; matter remanded for reconsideration. (Para 8)

JUDGMENT

Dated this the 19thday of June, 2025 This appeal has been filed challenging the order dated 21.12.2024 in I.A.No.3 of 2023 in IOP No.2 of 2023 of the Civil Judge (Senior Division), Perumbavoor [Subordinate Judges Court, Perumbavoor]. Appellant was the petitioner/plaintiff and respondents were the respondents/ defendants in the proceedings before the Sub Court.

2. I.A.No.3 of 2023 was filed by the appellant seeking permission to sue as an indigent person. The suit had been filed by the appellant seeking a declaration and a mandatory injunction against the respondents/defendants in the suit. Appellant, a lady aged 76 years, had contended that she has no financial capacity to pay court fees and the legal benefit fund and that she has no property other than the plaint schedule property and that her income is her welfare pension and rental income of Rs.500/-. The dispute leading to the filing of the suit by her concerned

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