KALIMUTHU SERVAI Vs. GOVINDASWAMI SERVAI

JUDGEMENT

(1.) THIS proceeding in revision is directed against the order of the learned Subordinate Judge of Kumbakonaro in O. P. No. 5 of 1959, permitting the petitioner in the court below to sue in forma pauperis.

(2.) THE learned Subordinate Judge correctly stated that the short point for consideration was whether the petitioner had the necessary means to pay the court -fee due on the plaint. The oral evidence is within a very short compass. I see from the records that an objection was filed by the State, in which it was affirmed that the petitioner in the court below owned certain properties and trees, which would have enabled him to pay the court fee. The learned Judge was apparently unwilling to act upon the evidence of the Karnam of Arayapuram (R. W. 1) and of the Karnam of Papanasam (R. W. 2) who spoke about the properties possessed by the petitioner in the court below.