ABDUL KHADER HAJI Vs. MUHAMMED RAFFI

JUDGEMENT

(1.) Appellant is the plaintiff in O.S.No.869 of 2012 on the file of the III Additional Sub Court, Kozhikode. He is aggrieved by the order passed by the trial court on I.A.No.941 of 2014 in the above suit whereby claim that he is an indigent person unable to pay court fee was found against.

(2.) Heard both sides.

(3.) The suit filed by the appellant is one for recovery of Rs 39,01,000/- together with interest at the rate of 12% per annum from the defendant personally and out of his assets based on an agreement to sell property executed between the parties. The total sale consideration fixed was Rs 40 lakhs and it is the case that the appellant had paid Rs 38 lakhs as advance amount to the respondent. Since the respondent committed a breach in performing his part of the contract, the appellant opted to receive the advance amount paid, with a reasonable interest. Despite making demands, the amount was not paid by the respondent and hence the suit was filed. Total court fee payable in the suit is Rs 3,30,480/-. Appellant had paid 1/10th court fee at the time of filing the suit as provided under the provisions in the Kerala Court Fees and Suits Valuation Act, 1959. He had to pay Rs 2,97,380/- as balance court fee. According to him, he has no means to pay the balance court fee.