M.N. MANOHAR Vs. SRI AUGUSTINE D-LIMA

JUDGEMENT

(1.) The petitioner who is defendant No.1 before the trial Court has sought permission under Order 44 Rule 1 of C.P.C. to prefer an appeal, viz., RFA No.1467/2015 as an indigent person without paying the court fee.

(2.) The petitioner submits that he was defendant No.1 before the trial Court in the proceedings instituted in O.S.No.1309/2002 by the respondent-plaintiff seeking recovery of money. It is further submitted that the petitioner herein had raised various defences on merits, without consideration of the defences, a decree is passed.

(3.) The petitioner submits that he is required to pay the court fee of Rs.2,32,669/- in order to prosecute the Regular First Appeal against the judgment and decree in O.S.No.1309/2002. The petitioner submits that he does not have any income as on date and is aged about 82 years. It is submitted that the petitioner does not have any moveable and immoveable property in his name and is living with his son and daughter-in-law.