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KERALA HIGH COURT
A.M. Babu, J
Muraleedharan Nair v. P. Usha Kumari
| Table of Content |
|---|
| 1. details about the indigent petitioner's financial status. (Para 1 , 2 , 5 , 6) |
| 2. discussion on the report from the district collector regarding the petitioner's assets. (Para 3 , 4) |
| 3. legal standards for determining 'sufficient means' and considerations for indigence. (Para 7 , 8 , 9) |
| 4. final decision allowing the petitioner to proceed without paying court fees. (Para 10) |
1. The petitioner - appellant filed the C.M.C.P. seeking leave to file the appeal as an indigent person, invoking the provisions of Order XLIV , R.1 and R.3 read with Order XXXIII , R.1 of the Code of Civil Procedure, 1908 .
2. The appeal is filed against the judgment and decree in O.S.No.1244 of 2009 on the file of the Principal Sub Court, Thiruvananthapuram. The decree allowed the respondent to realise an amount of Rs.53 lakhs along with interest and costs from the petitioner. The petitioner contends that the said judgment and decree are incorrect and unsustainable in law. The court fee to be levied and paid in the appeal is Rs.8,29,298/-. The petitioner is not in a position to raise enough funds for making payment of the court fees. He is a pensioner, drawing a monthly pension of Rs.29,500/-.
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