JUDGMENT

K.M. Joseph J., The appellants challenge the order passed by the Court below by which the Court rejected the application filed by the addl. defendants 10 to 12, the appellants herein to allow them pursue their counter claim as indigent persons.

2. The order passed by the Court below is extracted below:

“The Village Officer has furnished report.

Heard both sides and perused the records. As per the report dated 22.2.2009 of Village Officer, Eraviperoor, the petitioners are in possession and enjoyment of an extent of 31.80 Ares of property in the village. It is further stated in the report that the petitioners are getting monthly income of Rs.5,000/- from O.E.M. School. Upon considering the report of the Village Officer and other materials before Court, I am of view that, the petitioners have sufficient means to pay the requisite court fees. Hence the request to allow the petitioners to prosecute the counter claim as indigent person is refused. The petitioners shall pay the requisite court fees in civil court deposit within 15 days. With the above direction the application is rejected and I.A. is dismissed. No costs.”

3. We heard learned counsel for the appellants. The appellants