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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Murali Shankar, J
Chellammal – Appellant
Versus
Chinnasamy Reddiyar – Respondent
| Table of Content |
|---|
| 1. procedural context for filing suit as an indigent person. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. conflicting arguments and judicial precedents on indigency. (Para 8 , 9 , 10 , 11 , 12) |
| 3. court's finding on the burden of proof and necessity for evidence. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 21) |
J U D G M E N T
The Civil Miscellaneous Appeal is directed against the order passed in P.O.P.No.26 of 2021, dated 10.04.2024, on the file of the Principal District District Court, Theni, in dismissing the petition filed under Order
33 Rule 1 of the Code of Civil Procedure.
2. The appellants are the petitioners/proposed plaintiffs and they have filed a suit under Order 33 Rule 1 and Order 7 Rule 1 of C.P.C., to declare them as indigent persons and to permit them to institute the suit without paying the Court fees. The petitioners have claimed the relief of declaration that the suit properties are belonging to them and for recovery of possession.
3. It is pertinent to mention that the petitioners have valued the suit properties for the purpose of Court fees and jurisdiction at Rs.1,65,68,000/-
and the proposed Court fee to be payable is shown as Rs.4,97,040/-.
4. The petitioners, i
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