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2009 Supreme(Online)(KER) 28130

HIGH COURT OF KERALA
P.R.RAMAN, P.BHAVADASAN, JJ
INDIRA SADANANDAN – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

Bhavadasan, J, The plaintiff, whose application for suing as informa pauperis was dismissed by the court below, is the appellant.

2. The suit was one for damages. The court fee payable was Rs.1,10,800/-. The plaintiff pointed out that she was incapable of raising funds for paying court fee and she did not have the means to pay the same. Petitioner, who sued as informa pauperis, had scheduled the assets, which she possessed at the relevant time. The immovable property she owned was under attachment. Therefore she is precluded from disposing of the same. In the light of the above facts, she wanted to lay the suit as indigent person.

3. The first respondent, State, did not choose to contest. However, the second respondent Kerala Financial Corporation opposed the petition. It is pointed out by them that the plaintiff had filed several suits earlier and all of them were FAO.41/2005. 2 dismissed. They took up the contention that the present suit is filed with malafides. They also contended that the petitioner had obtained order from the High Court, but she did not comply with the condition therein, and that the attempt is to delay the revenue recovery proceedings. Pointing out that

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