JAGADAMMA Vs. SHEELA

JUDGEMENT

(1.) No civilized society could view indigency with disdain. From time immemorial, our ancestors too were compassionate to indigent persons. This view was statutorily recognized for the first time in the Code of Civil Procedure, 1882, despite the operation of the Court Fees Act, 1870 with full vigour. When the Code of 1882 was completely replaced by the Code of Civil Procedure 1908 (in short 'the Code') the legislative empathy towards such persons (then described as paupers) was actually enlarged. Under the Code, in order to qualify a person indigent, he need not be in abject poverty. Legal requirement under Order XXXIII Rule 1 of the Code to consider a person indigent is that he should not be possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject matter of the suit) to pay the fee prescribed by law for the plaint in a suit that he proposes to file.

(2.) Familial disharmony is the root cause of this litigation. Appellant is the mother of the respondents. Appellant alleges that two documents were caused to be executed in the names of her daughters (respondents) by perpetrating fraud and misrepresentation regarding the contents of the documents. According to the appellant, her daughters in cahoots with their husbands committed the fraud and misrepresentation. And, therefore she approached the trial court with a suit by invoking the provisions under Order XXXIII of the Code for setting aside the two settlement deeds alleged to have been executed by her in the names of the respondents. As a consequential relief, a permanent prohibitory injunction decree is also sought for.

(3.) Facts briefly stated are thus: Appellant is the absolute owner in possession of the plaint A and B schedule properties having an extent of 4 acres 56 cents and 70 cents respectively. She derived title to these properties as per a partition deed bearing No.2007 of 1969 of Kothamangalam SRO and purchase certificates bearing Nos.2422 of 1976 of the Land Tribunal, Kothamangalam and 6578 of 1976 issued by the Special Tahsildar, Land Tribunal, Ernakulam.