Case Summary
Petitioner filed a pauper petition seeking relief against respondent for failing to repay a deposited amount after agreeing to pay monthly interest and returning the principal within one year.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to file suit as pauper
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court allowed the petition, permitting the petitioner to file the suit as an indigent person.
Why Plaintiff Won:
Petitioner demonstrated lack of means to pay court fee and established entitlement to relief as claimed.
Petitioner demonstrated lack of means to pay court fee and established entitlement to relief as claimed.
Losing Side's Weaknesses:
Petitioner demonstrated lack of means to pay court fee and established entitlement to relief as claimed.
Petitioner demonstrated lack of means to pay court fee and established entitlement to relief as claimed.
Supporting Evidence
The test is whether the petitioner is in a position in the ordinary course to convert the property into liquid cash without undue hardship and delay and to pay the requisite court fee. Nothing has brought out in order to show that the petitioner is having sufficient means to pay the court fee. Therefore, I am satisfied that the petitioner has not possessed of sufficient means to enable him to pay the court fee prescribed by law for the plaint in the suit.
Judgment Evidence:
The petitioner has not possessed of sufficient means to enable him to pay the court fee prescribed by law for the plaint in the suit. Hence the petitioner is entitled for the relief claimed in the petition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jyothish
- Party Age
- 38
- Relation
- S/o Bharathan
- Party Role
- Defendant
- Party Name
- Accomplish Marketing Company (Pvt.) Ltd
- Relation
- Represented by its Managing Director Jayachandran, S/o. Muthiyeri Vasu, 36 years
Plaintiffs Documents
Nil
Defendants Documents
Nil
Advocates
Reliefs
Relief Type:
Permission as Pauper
Outcome:
Granted
Description:
Permission to file suit as an indigent person.
Evidence:
The petitioner has not possessed of sufficient means to enable him to pay the court fee prescribed by law for the plaint in the suit. Hence the petitioner is entitled for the relief claimed in the petition.
Documents & Evidence
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Unpaid Debt
Case Code
Case between Jyothish vs Accomplish Marketing Company (Pvt.) Ltd regarding money deposit agreement
Case Code Year
Case between Jyothish vs Accomplish Marketing Company (Pvt.) Ltd regarding money deposit agreement