G SREERAMULU Vs. M ADINARAYANA RAO

JUDGEMENT

(1.) The petitioner is the plaintiff. He is seeking to revise the impugned order of the lower appellate Court permitting the respondents to file the appeal as indigent persons under O.44, R.1 of the Civil P.C. 1908. It held that the respondents are indigent persons possessing no means to pay the requisite Court-fee.

(2.) It is not in dispute that the petitioner lent money to the respondents on executing a mortgage bond and for recovery thereof the petitioner filed the suit and the trial Court passed a preliminary decree. As against that preliminary decree, the respondents filed the appeal as indigent persons and the lower Court permitted them to file the appeal as such.

(3.) In this revision. Sri Murthy, learned counsel for the petitioner contended that the respondents have been in possession of the mortgage property, they have an equity of redemption: they could raise the necessary funds by either selling the property or by further hypothecating to third party to pay the requisite Court-fee and that therefore they cannot be said to be indigent persons. On the other hand, learned counsel for the respondents contended that the respondents are not possessed of any other property except the property which is subject-matter of the suit, and since the property is subject to a mortgage and also since there is already a decree nobody would come forward to lend money on the already mortgaged property. Therefore the respondents are indigent persons.