SEETHA MATHEW Vs. RAVEENDRAN

JUDGEMENT

(1.) The plaintiffs in O. S. No. 1501/93 of the Sub Court, Thiruvananthapuram are aggrieved by the common order passed in I.A. Nos. 4490 & 4451/99 in the said suit, the effect of which is to dispauper of the plaintiff.

(2.) The suit is for recovery of damages to the tune of Rs. 10,00,000/- arising from the death of the former husband of the 1st plaintiff who was the son of the third plaintiff. The 2nd plaintiff in the suit is a minor represented by the 1st plaintiff. The total court fee payable in the suit is Rs. 73,300/- and it was therefore that the plaintiffs sought permission to sue as indigent persons. After due enquiry, the request was allowed and that was why the suit was registered in the year 1993.

(3.) The suit came up for evidence in the year 1999. Plaintiffs gave evidence. From the answers given in cross examination the learned Sub Judge felt that the status claimed by the plaintiffs was inadmissible for them. The 6th defendant also filed I.A. No. 4490/99 seeking to dispauper the plaintiffs under O.33 R.9 of the Code of Civil Procedure. The Additional Government Pleader who was dealing with forest matters also filed I.A. No. 4451/99 for the same relief. The impugned order was passed allowing the said request. The permission granted by the court earlier was withdrawn as per the impugned order.