J U D G M E N T

This appeal is directed against the order dated

03.09.2024 in I.A.No.5 of 2024 in O.S.No.100 of 2022 of the Additional Sub-Court – III, Ernakulam.

2. By the impugned order, the learned Additional Sub Judge rejected the I.A filed under Order XXXIII Rule 1 of the Code of Civil Procedure seeking permission to prosecute the suit as an indigent person, exempting the appellant from paying the balance court fee and legal benefit fund. The learned Additional Sub Judge noted in the impugned order that from the affidavit filed by the appellant, it was clear that he had 14 cents of land and 5 old cars. The learned Sub Judge concluded that the appellant had sufficiency of funds to pay the court fee and legal benefit fund.

3. Heard the learned counsel for the appellant.

Though service is complete, there is no appearance for the respondents.

4. The learned counsel for the appellant submitted that the learned Additional Sub Judge passed the impugned order without conducting the enquiry. He also submitted that the contention of the appellant that he had no sufficient means to raise funds for remitting the balance court fee and legal benefit fund was not properly considered by the lea