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.

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 Health Centre, Napasar, District Bikaner on 07.05.2019. However, on 23.05.1991, the respondents cancelled the internship of the plaintiff, without affording him any opportunity of hearing.

3. The applicant-appellant, averred in his application before the learned Trial Court, that he was subjected to discrimination and has been a victim of the malafide act of the Respondents for last 28 years, as he was a member of the Student Council, which had raised several issues concerning irregularities in the entrance examination and financial affairs of the Institution. Owing to such animosity, the respondents allegedly indulged in overwriting the applicant’s marksheets and viva-voce records, which ultimately led to the cancellation of his internship. The applicant thus, filed a writ petition bearing No. S.B. Civil Writ Petition No. 7585/2008 for awarding his formal degree of MBBS in his favour for the examination that he has cleared in the year 1990-91 and sought direction for carrying out his internship. Vide order dated 16.02.2017, the said writ petition was allowed and the respondent Authority was directed to issue the marksheet and degree and also allow him to undergo the internship.

4. Furthermore, the respondents lodged First Information Report No. 199/1991, at Police Station Gandhinagar against the applicant-appellant. However, the applicant-appellant was acquitted in the said criminal case on account of lack of documentary as well as oral evidence. Due to the pendency of the criminal proceedings, the applicant-appellant faced a media trial, as a result of which his career was irreparably damaged and he lost his opportunity to earn a livelihood. Consequently, the applicant-appellant filed a suit for damages against the respondents along with an application under Order 33 Rule 1, 2 and 3 read with Section 151 Civil Procedure Code (hereinafter referred as CPC), praying that he be declared an ‘indigent person’ and may be permitted to file suit without the payment of court fees.

5. Thereafter, an enquiry as contemplated under Order 33 CPC was conducted, and vide order dated 06.07.2022, the applicant- appellant was declared an indigent person. The said order was challenged by Respondent No. 2 – Dr. H.L. Arora, by filing S.B. Civil Writ Petition No. 13103/2022. The Hon’ble Court allowed the writ petition, vide order dated 29.03.2022, set aside the order dated 06.07.2022, and remanded the matter to the learned Trial Court with a direction to decide the issue afresh after taking into consideration the statutory requirements under Order 33 CPC.

6. In pursuance of the order dated 29.03.2022, a fresh enquiry was conducted by the Chief Ministerial Officer, and the applicant- appellant was thereafter declared an indigent person vide order dated 09.11.2023. Aggrieved by the