IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 22135 of 2010(O) -------------------------- AGAINST THE ORDER DATED 03/07/2010 IN IA.1208/2009 IN OS.344/2008 of MUNSIFF COURT, CHALAKUDY .................... PETITIONER(S): -------------------- SURENDRAN, S/O. PENGAN, MURIYADAN HOUSE, MANDIKKUNNU DESOM, MURINGOOR VADAKKUMMURY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.ANANDAN PILLAI SRI.P.A.CHANDRAN RESPONDENT(S): --------------- 1. MINI, W/O. SHAJAN, VITHAYATHIL HOUSE, MURINGOOR THEKKUMMURY VILLAGE, GHANNA NAGAR, MUKUNDAPURAM TALUK, PIN-680 308. 2. JOSE, S/O. DEVASSY, POTTAKKA HOUSE, MURINGOOR VADAKKUMMURY, PIN 680 316. WPC 22135/2010 3. V.D.SHAJAN, S/O. DEVASSY, VITHAYATHIL HOUSE, MURINGOOR VADAKKUMMURY, GHANNA NAGAR, PIN-680 308. 4. BABY VAZHAKKULAM, NEAR MURINGOOR VADAKKUMMURY RAILWAY BRIDGE, MANDIKKUNNU, PIN-680 316. R4 IS DELETED FROM PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 21.2.2011 IN I.A.NO.2519/11 IN WPC NO.22135/10. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 22135/2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE ORDER DATED 3.7.2010 PASSED IN I.A.NO.1208/2009 IN O.S.NO.344/2008 BY THE MUNSIFF'S COURT, CHALAKUDY. EXT.P2: COPY OF THE PLAINT IN O.S.NO.344/2008 ON THE FILE OF THE MUNSIFF'S COURT, CHALAKUDY. EXT.P3: COPY OF I.A.NO.1208/2009 IN O.S.NO.344/2008 ON THE FILE OF THE MUNSIFF'S COURT, CHALAKUDY. EXT.P4: COPY OF THE OBJECTION FILED BY THE RESPONDENTS TO EXT.P3. EXT.P5: COPY OF THE DECISION DATED 9.7.2008 OF THIS HON'BLE COURT IN WP(C) NO.20649/2008 REPORTED AS 2008(3) KLT 531. //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. -------------------------------------- W.P.(C).No.22135 of 2010 --------------------------------------- Dated this the 14th day of June, 2011 JUDGMENT The petitioner is the plaintiff in O.S.No.344 of 2008 on the file of the court of the Munsiff of Chalakudy. It is submitted that while presenting the plaint, the plaintiff remitted 1/10th of the court fee. When the balance court fee was to be paid, the petitioner filed an application for permitting him to file the suit as an indigent person. That application was dismissed by the order dated 29.7.2009 on the ground that Rules 1 and 2 of Order 33 of the Code of Civil Procedure were not complied with and that the application was filed not by the petitioner, but by the counsel. 2. Thereafter, the petitioner filed I.A.No.1208 of 2009 under Rule 1 of Order 33 of the Code of Civil Procedure for leave to institute the suit as an indigent W.P.(C) No.22135/2010 2 person. That application was dismissed by Exhibit P1 order dated 3rd July, 2010 on the ground that the application was not presented by the petitioner herein in person and therefore, no inquiry could be conducted by the Chief Ministerial Officer as provided under Rule 1A of Order 33 C.P.C. 3. The learned counsel for the petitioner submitted that the petitioner was present in court before the Chief Ministerial Officer and the Chief Ministerial Officer only wanted certain instructions from the court as it was not a new suit, but a pending suit. There is no material to indicate that the petitioner was present before the Chief Ministerial Officer and the Chief Ministerial Officer sought clarification from the learned Munsiff. Normally, when an order passed by the court states a particular thing as having transpired before court, the party would not be allowed to contradict it before another court. His right would be to file a Review Petition before the same court. In the present case, I think the problem can be W.P.(C) No.22135/2010 3 solved by directing the petitioner to be personally present before court on 11th July, 2011. If the petitioner appears before court on that day, the learned Munsiff shall direct the petitioner to be present before the Chief Ministerial Officer for inquiry under Rule 1A of Order 33 C.P.C. If the petitioner absents himself on 11.7.2011, this Writ Petition shall be treated as dismissed. If the petitioner appears before court on 11.7.2011, the order dated 3rd July, 2010 passed by the court below shall be treated as set aside. The suit will be posted to 11.7.2011 and the name of the petitioner will be called in court. The Registry will forward a copy of this judgment to the Munsiff's Court, Chalakudy. The Writ Petition is disposed of as above. K.T.SANKARAN JUDGE csl