Aggrieved by the same, the appellant is before us in these appeals.
The brief factual matrix relating to these appeals The appellant had filed two suits for recovery of money against the respondent, who is a retired Deputy Conservator of Forest drawing a pension of 10,500/ .
Being aggrieved, the respondent had preferred Regular First Appeals before the High Court of Kerala along with petitions to prosecute the said appeals as an indigent person under Order 44 Rule 1 of the Code of Civil Procedure, 1908.
Subsequently, the High Court after companyducting the inquiry into the means and financial capacity of the respondent, has permitted the respondent to prosecute Regular First Appeals as an indigent person vide its order dated 11.08.2008.
The High Court of Kerala, without holding any inquiry as companytemplated under Order 33 Rule 1A of the Code of Civil Procedure, permitted the respondent to institute the said appeals as an indigent person, against which a special leave petition was preferred before this Court.
This Court remanded the matter to the High Court for passing fresh orders after companyducting an inquiry in accordance with Order 33 Rule 1A of the Code of Civil Procedure.
53 and 60 of 2004 dated 11.08.2008, whereby the High Court has allowed the petitions and has permitted the respondent to prosecute the appeals as an indigent person.
L. Dattu, J. Delay companydoned.
Leave granted.
These appeals, by special leave, are directed against the companymon final order passed by the High Court of Kerala at Ernakulam in M.C.P. Nos.
These suits were decreed in favour of the appellant.
