RAJU K. MATHEWS Vs. ARVIND PUNDALIK TENDULKAR

JUDGEMENT

(1.) Appellant is the plaintiff in O.S.No.59 of 2023 of the Sub Court, Ernakulam. The suit was filed to recover an amount of Rs.12,50,51,989.00 with future interest at the rate of 18% per annum from the respondent and for other allied reliefs. The appellant paid Rs.1,96,900.00 as one-tenth of the court fee and Rs.1,25,060.00 as one-tenth of the legal benefit fund while filing the suit. The balance court fee payable is Rs.17,72,020.00 and the balance payable towards legal benefit fund is Rs.11,25,460.00.

(2.) According to the appellant, a practicing lawyer, he met with an accident after filing the suit. He was bedbound for a long time after undergoing a surgery. I.A.No.9/2024 was filed through his counsel for permission to prosecute the suit as an indigent person since he could not raise sufficient funds to pay the balance court fee and LBF. Later, I.A.No.15/2024 was filed by the appellant himself for the same relief. It is explained by the appellant that the second application was filed after his condition improved and he was in a position to travel to the court to present the application.

(3.) The appellant stated in the affidavits filed before the Sub Court that he owns 2.966 cents of land comprised in Sy.No.8/16 of Edappally South Village worth Rs.20,00,000.00. He further states that it is not practical to sell the said property to raise funds to pay the balance court fee. He further stated that though he owns a car, the same was purchased by availing a loan from SBI and he is paying Rs.14,685.00 every month towards repayment. He also revealed that in his savings bank account maintained with Dhanlaxmi Bank, Bar Council Branch, an amount of Rs.2,93,033.00 was outstanding as on 17/7/2024. He further narrated that the rent payable per month for his office room is Rs.7,500.00, and that he is paying Rs.10,000.00 each to a typist and an advocate clerk per month. He stated that during the financial year 2022-23 corresponding to the assessment year 2023-24 he had a total income of Rs.15,85,450.00. Further, he stated that during the financial year 2023-24, corresponding to the assessment year 2024-25, he had only a lesser income than that of the previous year. He submitted that he had no other assets or savings and hence he was not in a position to raise sufficient funds to pay the balance court fee.