HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY C.M.A.No.1050 of 2004 Date: 21-03-2011 Between: Dungi Rambabu …Appellant. And Smt. Dungi Seetham Mani W/o.Late Narasingarao and six others …Respondents. HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY C.M.A.No.1050 of 2004 JUDGMENT: This appeal under order 43 Rule 1 CPC is directed against order dated 27.06.2003 in O.P.No.307 of 2000 on the file of the Court of the District Judge, Visakhapatnam filed to treat the appellant/petitiner as indigent person exempting him from paying corresponding court fee, dismissing the application on the ground that the appellant/petitioner got sufficient means to pay the court fee of Rs.8,426/- as a result of which, the present appeal has been preferred. The only question to be determined is as to whether the petitioner/appellant got adequate means to pay the court fee. It is observed by the lower Court as follows: “In the cross-examination of the petitioner-P.W.1, he himself admitted that his father purchased a site admeasuring 240 sq. yards at Mangapuram colony, Visakhapatnam in the name of the 1st respondent and each square yard now costs Rs.2000/- and a house was constructed and it costs now around Rs.1,00,000/-. Further, his father worked as mechanic in Naval Dockyard and was earning Rs.5000/- per month. After his death, the dockyard authorities paid terminal benefits of Rs.75,000/-. Further, the petitioner himself admitted that he described himself as Casual Labour in the dockyard and in para 3 he mentioned that he is getting Rs.1,000/- per month as salary as casual labour and also as security guard. In these circumstances, by no stretch of imagination, it can be said that the petitioner and the respondents 1 to 4 are not indigent persons. Hence, they have no right to file as indigent persons. They have to pay court fee. Time is granted 15 days from today to pay the Court fee, failing which, the petition shall stand dismissed.” Empathically, it is to be considered as to whether the petitioner got such means to pay the court fee of Rs.8,426/-, for which, it is to be examined as to what property he got in his name and as to what income he gets regularly. In view of the admissions made by him, it is to be accepted that his father has got the said property/said income which cannot be taken into consideration for the purpose of paying the court fee unless there is basis to say that he got the petitioner as a successor to the said property, whereas there is no basis to come to such a conclusion. No evidence was placed by the opposite parties to substantiate their claim that the petitioner got sufficient means to pay the court fee. Therefore, it proves that the petitioner is not getting such income. As per the record, the petitioner gets a meagre amount of Rs.1,000/- per month and therefore he is entitled to be exempted from paying the court fee of Rs.8,426/-. In the result, the appeal is allowed setting aside the order dated 27.06.2003 passed by the District Judge, Visakhapatnam in OP.No.307 of 2000 and the petitioner is declared as indigent person and is exempted from paying the court fee of Rs.8,426/- subject to the result of the suit. _______________________________ G.KRISHNA MOHAN REDDY,J. Date: 13.04.2011. Rns/Gk. HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY C.M.A.No.1050 of 2004 Date:13.04.2011 Gk.