LAWS(MAD)-2016-4-286

A.P.C.KRISHNAMOORTHY Vs. BALAN @ BALAKRISHNAN

Decided On April 05, 2016
A.P.C.Krishnamoorthy Appellant
V/S
Balan @ Balakrishnan Respondents

JUDGEMENT

(1.) This revision petition has been preferred against the order of the learned Principal District Judge, Coimbatore dated 13.06.2013 made in I.A.No.1637 of 2012 in Pauper O.P.No.111 of 2010 pending on the file of the said Court.

(2.) The petitioner in the revision is the 11th respondent in the above said pauper O.P. The first respondent in the revision, namely, Balan @ Balakrishnan filed the said pauper O.P seeking permission of the Court to sue as an indigent person, for cancellation of a sale deed dated 04.12.2009 bearing document No.4808 of 2009 registered on the file of Vadavalli Sub Registrar Office, Coimbatore in the name of the revision petitioner / 11th respondent in the pauper O.P. and for cancellation of similar sale deed dated 04.12.2009 bearing document No.4809 of 2009 in the name of the 12th and 13th respondents in the pauper O.P. in respect of the 1/6th share in those properties allegedly held by the first respondent herein/ petitioner in the pauper O.P / plaintiff, for partition and separate possession and for costs. The reliefs claimed therein were valued at Rs.45,60,000/- and the Court fee payable was worked out to Rs.1,55,250.50 paise.

(3.) Contending that the first respondent herein, who is the petitioner in the pauper O.P, did not have any other property and did not possess the funds to pay the required Court fee, the first respondent herein / petitioner in the pauper O.P prayed for permission of the trial Court to sue as an indigent person.