KUPPU NAICKER AND OTHERS Vs. PANDURANGAN AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 17.07.2013 made in Indigent O.P.No.15 of 2008 on the file of the Principal District Judge, Chengalpet.

(2.) The petitioners are the defendants 1 to 4 and 6 to 8, first respondent is the plaintiff and the respondents 2 and 3 are 5th and 9th defendant respectively in Indigent OP No.15 of 2008 on the file of Principal District Cum Sessions Judge, Chengalpet. The first respondent filed the said OP for permission to file the suit as indigent person claiming a sum of Rs. 30,00,000/- as compensation against the petitioners and respondents 2 and 3. According to the first respondent, the petitioners assaulted him on 11.03.2004 and caused injuries to him. Due to the injuries, the first respondent was admitted in CMC Government Hospital, Chengalpet and was taking treatment till 06.05.2004 and underwent surgeries. The first respondent was again admitted in the hospital on 10.06.2006 and discharged on 27.06.2006 during which period he underwent surgery for removal of plate fixed in the earlier surgeries. He was practicing alternate medicines and due to the injuries caused by the petitioners and the second respondent, he could not do the work as done earlier. He has no movable or immovable property for payment of court fee and he did not sell any property within six months prior to filing of the OP.

(3.) The petitioners filed separate counters and contended that the first respondent is not an indigent person and he has movable and immovable properties as mentioned in the counter and he owns a house at Kolanthancheri village besides two oil engines. He also owns 0.03 cents of house site at Villiambakkam and 5 acres of land in Kundhagan Erangadu. He owns a tractor, motor bike and three cycles. He also owns 2 buffaloes, 7 cows and 28 goats. He has sold Eucalyptus trees, Kattu Vazhai and Palmyrah for a sum of Rs. 15,000/- and he also sold 7 acres of land in Kolathancheri to ABC Chambers owned by Kalyanasundaram. The first respondent has suppressed all the above facts and filed the present OP to avoid payment of court fee. The suit filed by the first respondent is barred by limitation and no cause of action has arisen to file the suit. The petition is not filed as per the provisions of Order 33 CPC. Only to blackmail the petitioners, the first respondent has come out with the present petition.