SHAIK KHAZA MIA Vs. SYED RIYASATH ALI

JUDGEMENT

(1.) The plaintiff in O.S.No. 181 of 1982 on the file of the Subordinate Judge, Kothagudem, is the appellant herein. Likewise the appellant-plaintiff preferred C.M.A.No. 472 of 1989 aggrieved by the order made in I.A.No. 682 of 1988 in O.S.No. 181 of 1982 on the file of the Subordinate Judge, Kothagudem. The appellant-plaintiff filed the suit against defendants 1 and 2 as an indigent person for recovery of a sum of Rs. 20,000/- towards cost of half of the value of the vehicle together with interest at 12% p.a. from the date of the suit and for costs of the suit. The 1st defendant alone filed written statement and the 2nd defendant remained ex parte.

(2.) In view of the short question involved in the matter, the respective pleadings of the parties need not be dealt with at length. It is suffice to state that on the strength of the respective pleadings of the parties the following issues were settled by the Trial Court:

(3.) The defendant in the suit also filed I.A.No. 682 of 1988 to dispauper the plaintiff on the ground that the appellant-plaintiff is having capacity to pay the Court fee and the Court allowed the said application and as against the said order the plaintiff preferred C.M.A. 472 of 1982.