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1998 Supreme(Kar) 232
Karnataka High Court
N.K.RAMACHANDRA RAO - Appellant
Versus
G.GANPATH RAO - Respondent
Decided On : 04-03-98
Civil Petition : 192 of 1998
R.NAGENDRA NAIDU, S.A.SRIVASTAVA
A person receiving a monthly income of Rs. 3,000, with possessions exceeding Rs. 15,000, does not qualify as an indigent person for exemption from court fees.
Headnote:
Indigent Person - Court Fee Exemption - The petitioner, receiving Rs. 3,000 per month as pension, cannot be considered an indigent person and is not entitled to exemption from court fees under Order 33, rule 1, Civil Procedure Code.
Fact of the Case:
The petitioner, receiving Rs. 3,000 per month as pension, sought exemption from court fees as an indigent person.
Finding of the Court:
The court found that the petitioner, with possessions exceeding Rs. 15,000 and a monthly income of Rs. 3,000, does not qualify as an indigent person and is not entitled to sue as an indigent person.
Issues: Whether the petitioner qualifies as an indigent person for exemption from court fees.
Ratio Decidendi: A person receiving Rs. 3,000 per month, regardless of the form, cannot be considered an indigent person and is not entitled to exemption from court fees.
Final Decision: The petition was dismissed, and the petitioner was given time to pay the court fee until 31st May, 1998, failing which the petition would stand rejected.
( 1 ) THE petitioner is admittedly getting Rs. 3,000/- per month, though as pension, in my opinion he cannot be considered as an indigent person. Even his affidavit discloses that the articles in his possession is more than Rs. 15,000/- i. e. , more than what is prescribed under Order 33, rule 1, Civil Procedure Code. The only submission made by the learned counsel for the petitioner was that Rs. 3,000/- is not much within the meaning of Section 60, Civil Procedure Code and consequently it should be held that the petitioner is an indigent person. I do not agree. It is not that the Court is wanting to attach any money and the petitioner wants the benefit of the litigation and when he chooses the benefit the Courts are not here to confer the benefit when admittedly he is not an indigent person. A person who is drawing Rs. 3,000/- in a month, in any form whatsoever cannot be considered as an indigent person and the exemption to Court fee to suit can be given only to the person who can be termed as indigent person.
( 2 ) THEREFORE, holding that the petitioner is not entitled to sue as an indigent person, this petition is dismissed. However, the petitioner is given time till 31st May, 1998 to pay the Court fee, failing which the petition shall stand rejected.
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