The High Court of Kerala dismissed a writ petition challenging an order rejecting a petitioner's prayer to sue as an indigent person. The Court held that the remedy lay in filing an appeal under the Code of Civil Procedure, not invoking writ jurisdiction.
Writ petition dismissed with liberty to file an appeal under Order XLIII Rule 1(na) CPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930
WP(C).No. 13562 of 2008(M)
-------------------------IOP.5/2006 of II ADDL.SUB COURT,ERNAKULAM ....................
PETITIONER:
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T.T.CHANDRASEKHARAN, S/O.THANKAPPAN, OLIPARAMBIL HOUSE, SRM K.S. UDAYA ROAD, PACHALAM, KOCHI-12.
BY ADV. SRI.B.RAMACHANDRAN
RESPONDENTS:
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1. RANI JACOB, W/O.JACOB THOMAS, PULLIPADAM, POST MAMPAD, MALAPPURAM (DIST).
2. RAJAN PAUL MAMPILLI, S/O.LATE PAUL MAMPILLI, GRACE VILLA ROSE STREET, COCHIN-1.
3. SANTHOSE PAUL MAMPILLI, S/O.LATE PAUL MAMPILLI, THE UNION PRESS, BURGET STREET, COCHIN-1.
4. P.J.JOSEPH, S/O.LATE P.V.JOSEPH, POOTHULLIL HOUSE, KANJOOR, POST PUDUKKAD-680 301.
BY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR, J.
........................................... WP(C).No.13562 OF 2008
DATED THIS THE 6th DAY OF JUNE, 2008
JUDGMENT
Petitioner is the petitioner in Indigent O.P 5 of 2006, on the file of Sub Court, Ernakulam. This petition is filed under Article 227 of Constitution of India, challenging Ext.P4 order, whereunder the prayer of petitioner to sue as an indigent person was rejected, as provided under Order XXXII Rule 5 of Code of Civil Procedure. That order is appealable under Order XLIII Rule 1(na) of Code of Civil Procedure. Remedy of the petitioner is to file an appeal. Hence petition is dismissed with liberty to file an appeal.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-
1 issue framed by the court
Whether a writ petition under Article 227 of the Constitution of India was maintainable to challenge the rejection of a prayer to sue as an indigent person under Order XXXII Rule 5 CPC.
3 provisions across 2 enactments
T.T.CHANDRASEKHARAN
RANI JACOB
RAJAN PAUL MAMPILLI
SANTHOSE PAUL MAMPILLI
P.J.JOSEPH
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
