IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 6676 of 2008(T) ------------------------- AGAINST THE ORDER IN IA 307/05 IN OS.417/2003 of PRL.SUB COURT,KOTTAYAM .................... PETITIONER: --------------------- K.VIJAYAKUMAR, S/O.P.K.VASUDEVAN NAIR, JAYA VIHAR, COLLECTORATE P.O., KOTTAYAM, PRESENTLY RESIDING AT KARUKULAM BUILDINGS, T.D.ROAD, ERNAKULAM. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENTS: ------------------------- 1. K.S.SAROJINI AMMA, D/O.LATE MEENAKSHI AMMA, KALATHIL KAROTTU HOUSE, "SREELAKSHMI", VAZHOOR EAST P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. 2. SMT.SHOBHANA KUMARI, D/O.K.S.SAROJINI AMMA, -DO-, -DO-. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 6676 OF 2008 = = = = = = = = = = = = = = = Dated this the 27th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Principal Subordinate Judge, Kottayam in I.A.307/05 in O.S.417/03. The plaintiff has instituted a suit for recovery of the amount and has paid 1/10th of the Court fee at the initial stage. Subsequently he has moved an application to permit him to sue as an indigent person as he is not in a position to pay the balance Court fee. The learned Subordinate Judge had dismissed that application on the ground that the petitioner was absent and evidence has not been adduced. I feel there is some justification in the argument of the learned counsel that an opportunity should have been given to him to prove his contentions. I therefore set aside the order passed by the Court below and direct the Court to restore the said interim application and dispose of the matter after permitting both sides to adduce evidence or produce documents in W.P.C 6676 OF 2008 -:2:- support of their respective contentions. Since I am disposing of the matter at the admission stage itself the Court shall give notice to the respondent before final disposal of the matter. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-