PON THIRUGNANASAMBANDAMOORTHY Vs. PICHAIAH THEVAR DIED

JUDGEMENT

(1.) THE petitioner in O.P. 63 of 1983 on the file of the Subordinate Judge, Tanjore has filed this Civil Miscellaneous Appeal against the order in O.P. 63 of 2983 in which the learned Subordinate Judge, has dismissed the petition to sue in forma pauperis under O. 33, R. 5 of Civil Procedure Code.

(2.) SHORT facts leading for this appeal are: The petitioner had filed the suit for declaration of title and injunction in respect of A Scheduled Property, recovery of possession of B Schedule property and for accounting and for damages. The total court fee payable is Rs. 6,158.75/- On the allegation that the petitioner is an indigent person unable to pay the court fee, he has filed the petition. It was resisted by the respondents. The first respondent has stated in his counter that the petitioner has suppressed his daily income of Rs. 10/- and that he has got paddy bags, jewels and properties. The second respondent also disputes the claim that he has got no means to pay court fee. After enquiry, the learned Subordinate Judge, Tanjore, had dismissed the petition on the ground that the petitioner has suppressed the fact that he was earning Rs. 150/- per month in his job as paddy broker and that amounted to mala fides . He had relied upon the ruling Rajakumar Bhawalsaran v. V.P.V. Rajan 1971 (1) M.L.J. 51O for holding that suppression of fact would amount to lack of good faith, and on the score the petition praying for permission to sue in forma pauperis should be dismissed. Aggrieved by the said order, the petitioner has come forward with this appeal.