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1997 Supreme(Online)(Ker) 1140

KERALA HIGH COURT
Krishna Iyer, J
Pathumma v. KSEB


Advocates:
For the Appellants/Petitioners: Not listed
For the Respondents: Not listed

1Applicants in Indigent Original Petition No. 35 of 1991 on the file of the Subordinate Judge, Tirur are the appellants. They are legal heirs of one Marakkar and the suit is laid against the Kerala State Electricity Board for realisation of a sum of Rs. 2,29,360/- as compensation due to the death of the said Marakkar by electric shock. The first appellant is the wife and appellants 2 to 8 are the children of the deceased Marakkar. Appellants filed Indigent O.P. 35 of 1991 before the court below for permission to sue as indigents alleging that they have no sufficient means to pay the Court fee of Rs. 15,130/-. However, the Court below by the impugned order dismissed the application holding that the appellants have sufficient means to pay the court fee and they are not indigent persons. Hence, this CMA

2The question that arises for consideration is whether the appellants are possessed of sufficient means to pay the Court fee. No doubt, the report of the Government will show that an extent of 74 1/2 cents of land stood in the name of the late Marakkar, the predecessor of the appellants. But then, the appellants have a case that 42 1/2 of land in Survey Nos. 50/10, 20/1 and 50/9 are "Or



















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