Madras High CourtCMP(MD)/1683/2017dismissed for not pressed

Pushpammal v. Elizhabeth Rani

2017-04-19Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Nineteenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.1683 of 2017 IN CMA(MD) No.SR4146 of 2017 PUSHPAMMAL ... PETITIONER / APPELLANT Vs 1 ELIZHABETH RANI 2 THE DISTRICT COLLECTOR THOOTHUKUDI ... RESPONDENTS / RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to present this appeal in forma pauperies, that is, as an indigent person.

PRAYER IN CMA(MD) No.SR4146 of 2017:- to set aside the order of the Trial Court, the Principal District Judge, Thoothukudi made in Pauper O.P.No.131 of 2016 dated 08.11.2016 and allow the appeal with costs ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.C.ARUNMOZHI RAJASHANKAR, Advocate for the petitioner and of Mr.p.Banu Prakash, Advocate for R1, the court made the following order:- This appeal was originally filed along with the above application for permission to sue as an indigent person.

2. When the matter came up for hearing, it was pointed out that the Court fee is payable only Rs.50/-. Hence, learned counsel for the petitioner seeks permission of this Court to withdraw this application and has also made an endorsement to that effect.

3. Recording the said endorsement, this petition is dismissed as withdrawn.

4. It is represented that the Court fee of Rs.10/-has already been paid while presenting the appeal. Since it has been presented during January 2017 before the amendment of the Tamil Nadu Court Fees to Suits Valuation Act, the Court fee is payable only Rs.50/-. https://hcservices.ecourts.gov.in/hcservices/

The petitioner is granted two weeks time to pay the deficit Court fee of Rs.40/-. On such payment, Registry is directed to number the appeal, if it is otherwise in order and post it for admission. sd/- 19/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, THOOTHUKUDI JAM/28.04.17/CM-MSA/SAR 4 2P-2C

ORDER

IN CMP(MD) No.1683 of 2017 IN CMA(MD) No.SR4146 of 2017 Date :19/04/2017 https://hcservices.ecourts.gov.in/hcservices/