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TUSHAR RAO GEDELA
Mumtaz Ara – Appellant
Versus
Gauhar Hussain – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Petitioner challenges the order dated 18.09.2019 in Misc. No. 61356/16 titled as "Mumtaz Ara Vs. Guhar Hussain & Ors." whereby the learned Trial Court has dismissed the application under Order XLVII of CPC, 1908 seeking review of order dated 31.05.2016 for not having affixed the appropriate court fee thereto. Learned Trial Court has directed the petitioner/plaintiff to affix appropriate court fee before making further submissions there on.
2. Mr. Gurnani, learned counsel appearing on behalf of petitioner/plaintiff submits that the learned Trial Court vide its order dated 17.05.2007 had permitted the petitioner/plaintiff to sue the respondent/defendant as indigent person after having considered the entire material available on record.
3. Mr. Gurnani, also submits that learned Trial Court had simultaneously directed the payment of appropriate court fee in case the status of the petitioner/plaintiff changes and she becomes financially capable of paying the same.
4. Learned counsel submits that after the death of the defendant no.2, on the failure of not having brought the LRs of the
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.
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.
The central legal point established is that the ability to pay court fee should be determined based on the petitioner's financial capacity, not solely on property ownership.
The main legal point established in the judgment is that the determination of indigent status should not consider rental income from the suit property and that the respondent should be given an oppor....
A litigant seeking to sue as an indigent person must disclose all assets; non-disclosure warrants dismissal of the application to prevent fraudulent claims.
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 ....
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