J U D G M E N T

Ext.P1 order of the District Judge, Palakkad by which the respondent has been permitted to institute an appeal as an indigent person is under challenge.

2. Even though the respondent has been served with notice, he has not entered appearance before this Court to resist the Writ Petition. Heard the submissions of Sri.V.Chitambaresh, learned counsel for the petitioner.

3. The court-fee payable on the appeal is Rs.4660/-. Under the judgment which was appealed against, the trial court directed refund of the advance amount of Rs.40,000/- which had been paid by the petitioner to the respondent on account of an agreement for sale of property. In the enquiry which was conducted by the court below regarding the ability of the respondent to pay court-fee, the respondent got himself examined as PW.1 and stated that his monthly income was only Rs.1000/-. He admitted that he is having a telephone connection and the monthly bill comes at an average to Rs.400/- to Rs.500/-. The petitioner did not adduce any counter oral evidence. Instead, Ext.X1 document which is copy of loan application submitted by the respondent before the Palakkad Service Co-operative Bank was summoned. The court