JEYABALAN Vs. VIRUMANDI

JUDGEMENT

(1.) This civil revision petition is filed against the order dated 10.2.2009 passed in I.A. No. 99 of 2007 in a pauper petition in P.O.P. No. 9 of 1998 by the learned Additional District Cum Sessions Judge (FTC III) Madurai, dismissing the petition filed by the petitioner under Order 33 Rule 9 of C.P.C.

(2.) The respondent has filed a suit for recovery of a sum of Rs. 19,54,493/- based on promissory notes dated 21.7.1996, 5.2.1997 and 5.10.1997 with interest @ 2% per month. The said suit was filed by the respondent as an indigent person, as he did not possess sufficient means to pay the Court fee and after enquiry, the respondent was declared as an indigent person and as against the said order, the petitioner filed an application in I.A. No. 364 of 2001 to set aside the said ex parte order and the Court below allowed the petition on condition. Since the said condition was not complied with, the application came to be dismissed. Thereafter, the suit was numbered as OS. No. 79 of 2004, it was transferred to the Additional District Cum Sessions Judge (FTC III) Madurai.

(3.) Pending trial, the petitioner filed an application in I.A. No. 99 of 2007 to withdraw the permission granted to the respondent and to direct him to pay the Court fee on the ground that the respondent had suppressed various factors with reference to his employment as well as the ownership of agricultural lands and that he possess sufficient means to pay the Court fee and besides that, the respondent had sold one of the house sites to his own brother in February 1998.