R.Vithia Vs M. Inba Anandhi

W/o. Raju, No.22, 8th Cross Street, Ezhil Nagar, Muthialpet, Pondicherry, res. at C/o. T. Revathy, No.15, 2nd Cross Ezhil Nagar, Near Iyannar Koil, Puducherry - 003.

¶11

Appellant(s)

¶12

Vs

¶13

M. Inba Anandhi

¶14

W/o. Murugan, No.9, I Cross Street, Krishna Nagar, Lawspet, Pondicherry.

¶15

2.P. Raju

¶16

S/o. Periyasamy, No.22, 8th Cross Street, Ezhil Nagar, Muthialpet, Pondicherry.

¶17

3.The District Collector

¶18

I- Floor, New Collectorate Building,

¶19

https://www.mhc.tn.gov.in/judis Vazhudavoor Road, Pettaiyanchathiram,

¶20

CMP No. 20143 of 2024

¶21

Puducherry - 009.

¶22

Respondent(s)

¶23

CMP No. 20143 of 2024

¶24

PRAYER

¶25

To permit the petitioners to file the present appeal as indigent persons by an order of exemption of Court fee for a sum of Rs.204259 in the above Appeal Suit filed against the judgment and Decree dated 05.04.2024 made in OS No.176 of 2018 by the Learned III Additional District Judge at Pondicherry.

¶26

CMP No. 20143 of 2024

¶27

For Appellant(s): P. Suresh Babu

¶28

For Respondent(s): No Appearance For R1 & R2 Mr.R.Sreedhar AGP (Puducherry) For R3

¶29

ORDER

¶30

(Order of the Court was made by S.M.Subramaniam J.)

¶31

The 1st respondent herein had instituted a money suit in O.S.No.176 of

¶32

2018 before the file of III Additional District Judge, Puducherry. The suit was

¶33

decreed in favour of the plaintiff. The 1st defendant in the suit is the petitioner

¶34

/appellant before this Court in Appeal Suit.

¶35

https://www.mhc.tn.gov.in/judis

¶36

CMP No. 20143 of 2024

¶37

This Miscellaneous Petition has been filed to declare the petitioner as

¶38

indigent person for grant of waiver of Court Fee.

¶39

In this regard, the learned Additional Government Pleader appearing on

¶40

behalf of the 3rd respondent submitted a copy of the order passed by the District

¶41

Collector. Pertinently, the 2nd respondent/Mr.P.Raju, is the husband of the

¶42

petitioner, and the money suit was instituted against both the petitioner and the

¶43

2nd respondent.

¶44

As per the report of the District Collector, the 2nd respondent is employed as a Deputy Commercial Tax Officer, Commercial Taxes Department,

¶45

Puducherry. Further, the son of the petitioner is pursuing M.Sc. (Bio

¶46

Technology) course at a private college in Porur, Chennai.

¶47

During the course of inquiry, the District Collector found that the

¶48

petitioner cannot be declared as an indigent person. When the money suit itself

¶49

was instituted against the petitioner and her husband, who is working as Deputy

¶50

https://www.mhc.tn.gov.in/judis

¶51

CMP No. 20143 of 2024

¶52

Commercial Tax Officer, Commercial Taxes Department, Puducherry, there is

¶53

no reason to interfere with the findings made by the District Collector.

¶54

Moreover, it is established that before the Trial Court in the civil suit, both the

¶55

petitioner and the 2nd respondent engaged a single advocate to represent their

¶56

case.

¶57

That being the factum established, the Civil Miscellaneous Petition

¶58

stands dismissed. The petitioner is granted four (4) weeks' time to pay the Court

¶59

Fee, failing which the Appeal Suit at the SR stage will automatically stand

¶60

dismissed.

¶61

(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 11-03-2025

¶62

Jeni

¶63

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

¶64

To

¶65

1.M. Inba Anandhi

¶66

W/o. Murugan, No.9, I Cross Street,

¶67

https://www.mhc.tn.gov.in/judis

¶68

CMP No. 20143 of 2024

¶69

Krishna Nagar, Lawspet, Pondicherry.

¶70

2.P. Raju

¶71

S/o. Periyasamy, No.22, 8th Cross Street, Ezhil Nagar, Muthialpet, Pondicherry.

¶72

3.The District Collector I- Floor, New Collectorate Building, Vazhudavoor Road, Pettaiyanchathiram, Puducherry – 009.

¶73

4.The III Additional District Judge, Pondicherry.

¶74

https://www.mhc.tn.gov.in/judis

¶75

CMP No. 20143 of 2024

¶76

S.M.SUBRAMANIAM J. AND

¶77

K.RAJASEKAR J.

¶78

Jeni

¶79

CMP No. 20143 of 2024 AND AS SR NO. 102977 OF 2024

¶80

11-03-2025

¶81

https://www.mhc.tn.gov.in/judis

R.Vithia v. M. Inba Anandhi

Case brief

What is this about?

What did the court decide?

R.Vithia v. M. Inba Anandhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

John Edison Vs Union of India

The Chief Engineer Vs C Elumalai

A.R.Balakrishnan Vs the Commissioner

Otis Elevator Company (India) Ltd. Vs Union of India

Union of India, Vs Ex Lme Pachigolla Sudhakar, (SNo 106467Y)

The District Collector Vs M. Karthikeyan