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Kerala Court September 1964 Judgments

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Sep 10 1964

K.C. Ibrahimkutty Mathar Vs. Josephine and ors.

Court: Kerala

Decided on: Sep-10-1964

Reported in: AIR1965Ker98

Mathew, J.1. This revision petition is filed against the order of the Court below granting permission to the plaintiff to sue in forma pauperis. The suit was to set aside a sale deed, of the properties belonging to the Ernakulam Kadavumbhagom Jewish. Synagogue. The plaintiff is a member of the congregation of the Synagogue, and according to the finding of the court below, he was not possessed of sufficient means in his Individual capacity to pay the court-fee and was also not in possession of any assets belonging to the Synagogue which would enable him to pay the Court-fee.2. The application was opposed by the 4th counter-petitioner. He contended that the application was not maintainable on the ground that the Jewish Synagogue which the plaintiff represented for the purpose of the suit, was in possession of means to pay the Court-fee, that the petitioner, in his individual capacity was also possessed of sufficient means to pay the court-fee and that the suit was barred under Section 92...


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