RUCKMANI Vs. VENKATARAJ

JUDGEMENT

(1.) The petitioner/ plaintiff in O.P.No.4 of 2004 on the file of District Court, Ootacamund, whose prayer for leave to sue as an indigent person since has been refused, has directed this Civil Miscellaneous Appeal.

(2.) In the suit, she sought for delivery of possession of suit property from the defendant/respondent. The Court fee due thereon is Rs.75,000/-. She sought for leave of the Court to sue as an indigent person, now, without paying the Court fee. The District Court refused her leave on two grounds. Firstly, she has not proved that she has no means to pay the Court fee. Secondly, she was convicted in a cheating case.

(3.) According to the learned counsel for the appellant, stamping the appellant a criminal, the leave sought for cannot be refused. Actually, she had only life estate in a property. In 1997 along with her son she signed in the conveyance deed. Now, she has no property, no money to pay the huge Court fee.