IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 CRP.No. 367 of 2009() --------------------- I.A. 1687/2008 IN OS.372/2005 of ADDL.SUB COURT,KOTTAYAM .................... PETITIONER / (PETITIONER IN IA/PLAINTIFF) ------------------------------------------------- K.G.SUNIL DUTT, AGED 51 YEARS, S/O.LATE K.C.GANGAHARAN- KOMMADATH HOUSE, UDAYA ROAD, THYKOODAM, KOCHI. BY ADV. SRI.M.V.MATHEW RESPONDENTS / (COUNTER PETITIONERS/DEFENDANTS) ----------------------------------------------- 1. FR.K.P.VARGHESE, S/O.PHILIPOSE VARGHESE, KOLASSERIL HOUSE, VELLOOR P.O., KOTTAYAM DISTRICT, NOW RESIDING AT 303 B.JALARAM PALACE, BHATTER ROAD NEAR ANKUR APPARTMENT, SURAT. 2. LEELAMMA VARGHESE, W/O.FR.K.P.VARGHESE, KOLASSERIL HOUSE, VELLOOR P.O., KOTTAYAM DISTRICT, NOW RESIDING AT 303 B.JALARAM PALACE, BHATTER ROAD, NEAR ANKUR APARTMENT, SURAT. 3. DENNIS VARGHESE, S/O.FR.K.P.VARGHESE, KOLASSERIL HOUSE, VELLOOR P.O., KOTTAYAM DISTRICT, NOW RESIDING AT 303 B.JALARAM PALACE, BHATTER ROAD NEAR ANKUR APPARTMENT, SURAT. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kkms/ S.S.SATHEESACHANDRAN, J. ----------------------------------- C.R.P.No.367 of 2009 --------------------------------- Dated this the 3rd day of July, 2009 O R D E R Revision is filed by the plaintiff in O.S.No.372/2005 on the file of the Additional Sub Judge, Kottayam. The above suit was one for money which was rejected under Order VII Rule 11 CPC consequent to non-payment of the court fee payable on the suit claim. After rejection of the plaint by the court, petitioner moved an application for review of that order. That petition was also dismissed. Propriety and correctness of that order is challenged in this revision. 2. I heard the counsel for the petitioner. 3. It is submitted that at the time of hearing of the review petition, petitioner has requested to permit him to sue as an indigent person but discarding that the review petition was dismissed. Petitioner seeks permission from this Court to sue as an indigent person annulling the orders passed by the court below impugned in the revision. I am unable to accept the request made by the counsel. From the submissions made, and C.R.P.No.367 of 2009 2 the facts and circumstances presented, it is noticed that on a previous occasion the petitioner had approached this Court, and got extension of time, by filing a writ petition, for payment of court fee payable on the suit. Still the court fee was not paid within the extended period. Whatever that be, petitioner has an alternative efficacious remedy to prefer an appeal. He can prefer such an appeal and if he is an indigent person, he can seek permission of the appellate court to do so. It is for the appellate court to decide whether any such permission can be granted if applied for. Reserving the right of the petitioner to prefer an appeal against the rejection of his petition, this revision is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-