IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 OP(C).No. 2176 of 2011(O) ------------------------ IA.559/2008 IN OS.2/2008 OF SUB COURT, KOCHI ................... PETITIONER : -------------------- KRISHNA AGENCIES, JEW TOWN, KOCHI-2, REPRESENTED BY ITS PROPRIETOR R.KRISHNAKUMAR, S/O.K.RAMACHANDRA IYER. BY ADVS. SRI.B.RAMACHANDRAN SMT.K.B.REKHA RESPONDENT(S): ------------------------- 1. THE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, P.B.NO.2030, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI-20. 2. THE ADDITIONAL GENERAL MANAGER, TEN & B.P.DIVISION KERALA CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, KOCHI-20. R1 & R2 BY ADV. SMT. MOLLY JACOB, SC THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP(C).No. 2176 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE I.A. NO. 559/08 IN O.S. NO. 2/2008 FILED BY THE PETITIONER BEFORE THE HONOURABLE SUB COURT, KOCHI. EXT.P2 : COPY OF THE ORDER DATED 14.12.2009 IN I.A. NO. 559/08 IN O.S. NO. 2/2008 PASSED BY THE HONOURABLE SUB COURT, KOCHI. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No. 2176 of 2011 --------------------------------------- Dated this 08th day of July, 2011 JUDGMENT This original petition is filed in challenge of the order dated December 14, 2009 on I.A.No.559 of 2008 in O.S.No.2 of 2008 of the Court of learned Sub Judge, Kochi-V. By the impugned order, learned Sub Judge declined permission to the petitioner to sue as indigent person though, he had paid 1/10th of the court fee payable on the plaint. 2. When the matter came up for hearing I heard learned counsel for petitioner on maintainability of the original petition since the order is passed under Rule 7 of Order XXXIII of the Code of Civil Procedure (for short, "the Code”) which is amenable to an appeal under Order XXXVIII Rule 1(na) of the Code. Since the order rejects application of petitioner to sue as indigent person under Rule 7 of Order XXXIII of the Code, it is subject to an appeal as above stated. In that view of the matter this original petition cannot be entertained. This original petition is closed without prejudice to the right, if any of petitioner to challenge the impugned order in appeal as aforesaid. (THOMAS P JOSEPH, JUDGE) Sbna/-