1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2011 C O R A M THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL MISCELLANEOUS APPEAL No.830 of 2011 V.Thirumalai .. Appellant/Plaintiff Vs. 1.Sundar 2.The Headmaster, Government High School, Samuthirapatty Village and Post, Natham Taluk, Dindigul District. 3.The District Educational Officer, Dindigul District, Dindigul. 4.The Chief Educational Officer, Dindigul District, Dindigul. 5.The District Collector, Dindigul District, Dindigul. .. Respondents/Respondents Civil Miscellaneous Appeal has been filed under Order XLI, Rule 23-A of the Code of Civil Procedure, 1908, against the fair and decretal order dated 12.08.2010 passed in Pauper Original Petition No.14 of 2009 by the Additional District Court/Fast Track Court, Dindigul. For Appellant .. Mr.S.Sethuraman For Respondent .. Mr.N.Anantha Padmanaban No.1 For Respondents .. Mr.A.Muthukaruppan 2 to 5 Additional Government Pleader JUDGMENT The order dated 12.08.2010 passed in Pauper Original Petition No.14 of 2009 by the Additional District Court/Fast Track Court, Dindigul is being challenged in the present Civil Miscellaneous Appeal. 2. The appellant herein as petitioner/ plaintiff has filed Pauper Original Petition No.14 of 2009 so as to declare him as pauper, wherein the present respondents have been shown as respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. It is stated in the petition that the petitioner has filed the present suit for getting the relief of compensation of Rs.25,00,000/- and further it is stated in the petition that the petitioner has no wherewithal to pay Court fee. Under the said circumstances, the present petition has been filed so as to declare him as pauper. 4. On the side of the respondents, a detailed counter has been filed, wherein all the averments made in the petition are denied. 5. The Court below after considering the available evidence on record has dismissed the petition. Against the dismissal order passed by the Court below, the present Civil Miscellaneous Appeal has been preferred at the instance of the petitioner as appellant. 6. The present petition has been filed under Order XXXIII, Rules 1 and 2 of the Code of Civil Procedure, 1908 praying to declare the appellant/petitioner as a pauper. The main attack made on the side of the respondents is that the appellant/petitioner is having sufficient means so as to pay necessary Court fee. The Court below has come to a definite conclusion that the petitioner is having immovable properties and he has made total suppression of existence of those properties and therefore he cannot be declared as a pauper. 7. The only point that has to be decided in the present Civil Miscellaneous Appeal is as to whether the appellant/petitioner can be declared as a pauper? 8. The learned counsel appearing for the appellant/petitioner has repeatedly contended that the petitioner is having a house and the same is situate in a poromboke land and except the said house, the petitioner is not owning any immovable property and the Court below without considering the evidence given by the petitioner properly has erroneously dismissed the petition and therefore the order passed by the Court below is liable to be set aside. 9. Per contra, the learned counsel appearing for the respondents has contended that on the side of the respondents enormous documents have been filed so as to prove that the petitioner is having immovable properties and he has schemingly suppressed the same and the Court below after considering the available evidence on record has rightly dismissed the petition and therefore the present Civil Miscellaneous Appeal also deserves to be dismissed. 10. As stated earlier, the present petition has been filed under Order XXXIII, Rules 1 and 2 of the Code of Civil Procedure, 1908 praying to declare the petitioner as a pauper. Since the present petition has been filed under Order XXXIII, Rules 1 and 2 of the Code of Civil Procedure, 1908, the petitioner is expected to file the petition in question with utmost good faith. At this juncture, the Court has to look into the relevant documents filed on the side of the respondents. Ex.R.2 is a Certificate issued by the Tahsildar, Natham, wherein it has been clearly stated that in the names of father of the petitioner and his brothers, a joint patta No.763 is in existence. Considering the fact that in the name of the father of the petitioner, a joint patta is in https://hcservices.ecourts.gov.in/hcservices/ 3 existence in patta No.763, the petitioner is bound to give all details of his immovable properties. But in the present petition, no details have been given with regard to existence of immovable properties, in which the petitioner is having right or interest and further the petitioner has admitted in his evidence that he owns a house and the same has also not been shown in the present petition, even though the same is situate in a poromboke land. Therefore it is needless to say that the petitioner has purposely suppressed the existence of immovable properties. 11. Considering the fact that the petitioner has suppressed the existence of immovable properties and also considering that the present petition has been filed under Order XXXIII, Rules 1 and 2 of the Code of Civil Procedure, 1908, wherein utmost good faith should be expressed, the present petition is not legally and factually maintainable. 12. The Court below after considering the evidence available on record has rightly dismissed the petition. In view of the discussion made earlier, this Court has not found any error in the order passed by the Court below and altogether the present Civil Miscellaneous Appeal deserves to be dismissed. 13. In fine, this Civil Miscellaneous Appeal deserves dismissal and accordingly is dismissed without costs and the order passed in Pauper Original Petition No.14 of 2009 by the Additional District Court/Fast Track Court, Dindigul is confirmed. smn Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar To The Additional District Court/ Fast Track Court, Dindigul. +1 cc to Mr.S.Sethuraman, Advocate SR.No.23599. +1 cc to Special Government Pleader, SR.No.23699. C.M.A(MD)No.830 of 2011 Dated:19.07.2011 3P/4C RPB 28.07.2011 https://hcservices.ecourts.gov.in/hcservices/