LAKSHMIDEVAMMA K. Vs. SHANTHA

JUDGEMENT

(1.) By order dated 31.05.2018, this Court had directed enquiry under Order XLIV Rule 3 (2) of CPC and therefore Registrar (Judicial) was directed to hold a enquiry on the application and submit a report after recorded evidence for proceeding further. A report dated 26.10.2018 submitted by the Additional Deputy Commissioner, Bengaluru has been considered along with the examination and cross- examination of the petitioner.

(2.) The contention of the learned counsel for the respondents is that when it is an admitted position that the petitioner is the owner of an immovable property bearing No.62/3, 9th Cross, Wilson Garden, Bengaluru, which measures 20 x 43 feet consisting of ground + two floors, the petitioner cannot contend that she is not having sufficient means to pay the Court fee. It is contended by the learned counsel for the respondents that the petitioner is in a position to mortgage the property or portion of the property to raise funds and pay the Court fee and the petitioner can repay the loan secured by mortgaging the property out of the newly constructed second floor and in addition, the sons are well placed, even one of the daughter is also well placed and therefore the petitioner can seek funds from the sons and daughters for paying the Court fee.

(3.) Per contra, the learned counsel for the petitioner draws the attention of this Court to Order XXXIII Rule 1(a) of CPC and submits that a person can be considered as indigent person, if he or she is not possessed of sufficient means to enable him or her to pay the Court fee prescribed by law for the plaint in such suit, and in this case, the appeal. Learned counsel places reliance on the following judgments: