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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
BIPIN GUPTA
Gurdeep Singh, S/o. Shri Gyan Singh – Appellant
Versus
State Of Rajasthan, Through Chief Secretary – Respondent
| Table of Content |
|---|
| 1. background and historical context of the appellant's claims. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding the continuity of cause of action and timing. (Para 9 , 10 , 12) |
| 3. counterarguments presented by the respondents on indigency and cause of action. (Para 16 , 17 , 18) |
| 4. observations on legal standards for determining indigency. (Para 23 , 24 , 25) |
| 5. conclusion reversing the previous court's decision and remanding. (Para 37 , 38 , 39 , 40) |
ORDER :
BIPIN GUPTA, J.
1. The present misc. appeal has been filed assailing the order dated 20.07.2024, passed by the learned Additional District Judge No.9, Jaipur Metropolitan I, in Civil Misc. Case No. 25/2022 (CIS No. 60/2022), whereby the application filed by the applicant- appellant under Order 33 read with Section 151 CPC was dismissed.
2. The facts, shorn of unnecessary details, are that the applicant-appellant completed his M.B.B.S. course in the year 1991 as a regular student. On 26.04.1991, the results of the final semester were declared, wherein the applicant-appellant successfully completed his graduation. Thereafter, as part of the prescribed curriculum, the applicant-appellant joined his internship at Primary Healt
The court clarified that to qualify as an indigent person under Order 33 CPC, actual financial capacity must be assessed, not merely hypothetical earning potential.
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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.
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