Case Summary
The case involves Urmila, a widow, who lent a total of ₹5,70,000/- to Bindu.P for a property that was never assigned to her. Urmila is seeking to sue as an indigent person since she cannot afford court fees.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petition allowed; plaintiff not liable to pay court fees.
Case Type
Indigent Petition
Final Judgment
No
The petition filed by Urmila was allowed, enabling her to sue as an indigent person without the requirement to pay court fees.
Why Plaintiff Won:
The evidence of the plaintiff was unchallenged and the report from the District Collector confirmed lack of means to pay court fees.
The evidence of the plaintiff was unchallenged and the report from the District Collector confirmed lack of means to pay court fees.
Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged and the report from the District Collector confirmed lack of means to pay court fees.
The evidence of the plaintiff was unchallenged and the report from the District Collector confirmed lack of means to pay court fees.
Supporting Evidence
Thus the unchallenged evidence of PW1 stands unrebutted. According to PW1, she has no sources of income.
Judgment Evidence:
In the result, the petition is allowed. Office is directed to number the original petition as suit and it shall proceed in all other respect as a suit instituted in the ordinary manner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Urmila
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bindu.P
Plaintiffs Documents
Agreement evidencing payment of ₹5,10,000/- dated 12.10.2019 and 10.02.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Ribin Lal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition is allowed enabling the petitioner to sue as an indigent person.
Evidence:
Hence, petition is to be allowed.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Unknown
Relevance:
The agreement evidences payment of ₹5,10,000/- by the petitioner to the respondent.
Reference:
null
Document Type:
Report
Submitted By:
Unknown
Relevance:
A report from the District Collector states that the petitioner does not have any immovable property in her name.
Reference:
null
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Evidence given by the petitioner (PW1) regarding her financial situation and inability to pay court fees.
Reference:
null
Case Classification
Case Type
Indigent Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Indigency for court fees
Case Code
Case between Urmila vs Bindu.P regarding recovery of money
Case Code Year
Case between Urmila vs Bindu.P regarding recovery of money