BENNY THOMAS Vs. JESSY

JUDGEMENT

(1.) In this Original Petition filed under Article 227 of the Constitution of India, the order in I.A.No.1/2021 in O.P(indigent) 03/2018 on the file of the Sub Court, Mavelikkara is under challenge.

(2.) Heard the learned counsel for the petitioner.

(3.) The grievance of the petitioner is that after giving evidence by the 1st respondent/original petitioner/the claimant herself as an indigent person, it was brought to the notice of the petitioner herein that she had Rs.1.00 lakh in her bank account and the same was not brought to the notice of the court at the time when she was examined. Though I.A.No.1/2021 was filed to recall the witness, the learned Single Judge dismissed the same without a speaking order. According to the petitioner, the said order is erroneous and an opportunity must be given to the petitioner herein to show that the indigent petitioner is having sufficient means to pay court fee. Copies of bank statements also have been placed before this Court. Therefore, the contention raised by the petitioner is prima facie having force.