Varghese v. Jojan
Case brief
What is this about?
The High Court dismissed an appeal against the order refusing permission to an appellant to sue as an indigent person. The court noted the appellant's undisclosed salary of Rs. 6,000 and readiness to pay a counter claim amount, deeming him eligible to pay court fees.
What did the court decide?
The appeal is confirmed in dismissing the application for indigent status. The appellant is granted two months to pay the requisite court fee for the counter claim.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH &
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 18TH DAY OF NOVEMBER 2016/27TH KARTHIKA, 1938
FAO.No. 224 of 2015 ()
AGAINST THE ORDER IN I.A.1859/14 IN O.S.954/12 OF ADDITIONAL SUB COURT, IRINJALAKUDA
APPELLANT/COUNTER CLAIM PLAINTIFF/DEFENDANT:-:
VARGHESE, AGED 54,
S/O.ERUMAKATEPARAMBIL DEVASSY, VELUPADAM DESOM, VARANTHARAPALLY VILLAGE, MUKUNDAPURAM TALUK.
BY ADVS.SRI.G.SREEKUMAR (CHELUR)
SMT.PREETHY KARUNAKARAN SRI.K.R.ARUN KRISHNAN SRI.NANDAGOPAL S.KURUP SRI.SAYED MURTHALA THANGAL
Issues for consideration
1 issue framed by the court
Whether an application for permission to sue as an indigent person should be allowed when the appellant has a disclosed salary insufficient for the claim but ready to pay a substantial sum towards the
Parties & counsel
- appellant
Varghese
- respondent
Jojan
Coram
V. Chitambaresh
Case details
As recorded by the court registry
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