Miscellaneous Appeal No. 176 of 2005 · High Court · 2014

(per Hon’ble Sri Justice K.C.Bhanu) This Civil Miscellaneous Appeal is filed under Order XLIII Rule 1 (na) of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) challenging the Order, dated 29.10.2004, in Original Petition No.100 of 2003 passed by the District Judge, Warangal, whereunder and whereby, petition petitioner/appellant to permit him to sue as indigent person, was dismissed on the ground that except oral interested testimony, there is no other evidence to show that he was not having means to pay the Court fee.

Learned counsel for the appellant contended that the appellant is not having any source of income and he has no money to pay the Court fee; that the evidence of PW.1 is very clear that he has no means to pay the Court fee on an amount of Rs.56,91,124/-, which was claimed from the insurance company towards compensation, as the godown, in which red-chillies were

stored, was caught by fire.

The evidence of PW.1 would clearly go to show that the appellant has no means to pay the Court fee. The Court below disbelieved the evidence of PW.1 as he is interested witness. Except giving a suggestion that the appellant has capacity to pay the Court fee, nothing has been elicited to discredit his testimony. Mere interestedness is not a ground to disbelieve the evidence unless that evidence is improbable and unbelievable. Therefore, the evidence of PW.1 coupled with Exs.A.1 to A.9 would clearly go to show that the appellant is not having means to pay the Court fee. Therefore, the impugned order is set aside.

Accordingly, the Civil Miscellaneous Appeal is allowed declaring the appellant as indigent person. It is made clear that in case the appellant succeeds in the suit, he has to pay the requisite Court fee. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this appeal shall stand closed. _______________________ JUSTICE K.C. BHANU ___________ JUSTICE ANIS Date:05.09.2014 INL