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M. GANGA RAO, T. MALLIKARJUNA RAO
Ganisetti Venkata Rajendra Prasad – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
(M. Ganga Rao, J.)
1. This writ petition is filed for issuance of writ of mandamus to the 2nd respondent Chairman cum II Additional District Judge, Mandal Legal Services Committee, Amalapuram to grant permission to the petitioner to sue as indigent person by exempting the Court fee for filing suit for damages, by setting aside the order passed in LCA.No.2 of 2022 by the 2nd respondent against the provisions of Sections 12 and 13 of the Legal Services Authority Act, 1987 and the rules made thereunder.
2. The petitioner Sri Ganisetti Venkata Rajendra Prasad filed this writ petition by way of Party in Person, who is enrolled as an Advocate and dealing with his own cases. He states that he was a partner of ‘Prasad Rice Mill’ in Ganti Pedapudi village, P.Gannavaram Mandal, East Godavari District, which is within the jurisdiction of II Additional District Judge, Amalapuram. He was cheated by the other partners by forging his signatures showing that he was retired from the firm in the year 1992 and all his investment in the firm was withdrawn by them showing false withdrawals from the account in the firm. He filed a suit in O.P.No.47 of 1994 for dissolution of the firm and rendition
The main legal point established in the judgment is that legal aid service, including exemption from court fee, must be strictly assessed and can be reviewed at any time, especially if obtained throu....
An indigent appellant is not liable for court fees unless permission to proceed as an indigent is granted by the court after a proper inquiry.
Point of Court : When there is a violation of principles of natural justice and mandatory statutory mechanisms, aggrieved parties may invoke writ jurisdiction to cure the manifest errors of law in im....
A petitioner seeking to sue as an indigent person under Order 33 Rule 1 C.P.C. bears the burden of proof to establish indigency through evidence; mere assertions are insufficient, and the court must ....
A plaintiff who has paid partial court fees at the time of institution may subsequently seek permission to prosecute as an indigent person if they experience genuine financial incapacity. Eligibility....
Appeal as indigent person – A person who is entitled to receive compensation by way of claim before Motor Accident Claims Tribunal can be said to have given up its status as an ‘indigent person’, by ....
The main legal point established is that the status of an indigent person, once recognized by the court, cannot be changed without proper challenge or variation in the order.
Adherence to procedural requirements under Order XXXIII of the Code is essential for a plaintiff to be permitted to sue as an indigent person, including full disclosure of property and proper applica....
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