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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, G.GIRISH
Riyas, S/o.Seidhumuhammed – Appellant
Versus
BRD Securities Limited – Respondent
| Table of Content |
|---|
| 1. indigency application and appeal process. (Para 1 , 2 , 3 , 4) |
| 2. court's rationale on indigency ruling. (Para 5 , 8 , 9 , 10 , 11 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. discretion in court fee exemption. (Para 6 , 7) |
ORDER :
G. Girish, J.
The question to be decided now, in view of a submission put up by the Decree Section of this Court, is whether the appellant is liable to pay 1/3rd of the court fee payable on this appeal in spite of the dismissal of the C.M.C.P seeking permission to institute the appeal as an indigent person, along with the R.F.A, as withdrawn.
2. The 4th defendant in O.S.No.882/2013 on the files of the Principal Sub Court, Thrissur had filed C.M.C.P.No.22 of 2019 under Order XXXIII Rule 1 of the Code of Civil Procedure seeking permission to file this Regular First Appeal as an indigent person, against the money decree passed in the aforesaid case. On 04.03.2020, notice by speed post was ordered to respondents 1 to 4, and the learned Government Pleader was directed to file a report of the District Collector within one month about the indigency of the appellant. Thereafter, on 09.06.2020, the Tahsildar, Kodungalloor had sent a report addressed to the
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.
Suppression of assets by a plaintiff seeking to sue as an indigent person indicates capacity to pay court fees, justifying rejection of the application.
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....
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 ....
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.
Practice and Procedure – Indigent person - Where the provisions in Order XXXIII of Code were interpreted to hold that suppression of real facts would entail in disallowing the prayer of the applicant....
Suit by indigent person – Application for permission to sue as an indigent person has to be rejected and could not be allowed if allegations in plaint could not show any cause of action.
An indigent person qualifies for exemption from court fees if unable to raise sufficient funds due to current financial circumstances, regardless of property ownership.
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