RAJAMMA JOSEPH Vs. BINU PRASAD

JUDGEMENT

(1.) The plaintiff in O.S.320/2003 of the Sub-Court, Kottayam has preferred the above appeal challenging an order dated 20.3.2009 passed by the Sub-Court dismissing I.A. No. 3441/2003. The petition was filed seeking permission of the Court to institute the suit as an indigent person. The Court has dismissed the petition finding that the appellant/petitioner was possessed of sufficient means to pay the requisite court fee. The said order is under challenge in this appeal.

(2.) The appellant had filed the suit for the recovery of an amount of Rs. 7,67,625/- with future interest from the respondents/defendants. According to the appellant, the defendants had borrowed an amount of Rs. 7.5 lakhs from her and had executed a demand promissory note for the said amount in her favour, on 16.3.2003. Thereafter, the defendants paid the interest without default till July 2003. However, the principal amount was not paid. Therefore, the appellant demanded payment of the said amount. Thereupon the defendants issued a cheque dated 20,7.2003 to her. However, when the cheque was presented for encashment the same was returned dishonoured due to insufficiency of funds in the bank account. Though the appellant demanded payment of the cheque amount as per letter dated 1.8.2003, the amount was not paid. Therefore, she filed the suit for recovery of the amount borrowed, from the defendants.

(3.) At the time of institution of the suit the appellant had remitted the 1/3rd court fee that was payable on the suit. According to her, the total court fee payable is Rs. 75,163/-. After giving credit for the 1/3rd court fee already paid, the balance court fee payable by the appellant is Rs. 67,646/-.