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ARCHANA PURI
Tej Kaur – Appellant
Versus
Ishwar Singh – Respondent
JUDGMENT
Archana Puri, J. - Challenge in the present revision petition is to the order dated 25.10.2021 (Annexure P-9), passed by learned Additional District Judge, Kaithal, whereby an application under Order 44 Rule 1 CPC has been dismissed. Besides the same, even the the order dated 15.11.2021 (Annexure P-10), has been passed, thereby rejecting the appeal for want of Court fee, as ordered.
2. The material facts are that while challenging the judgment and decree dated 05.03.2020 in case bearing Civil Suit No.209 of 2017 titled 'Ishwar Singh Vs. Tej Kaur', an appeal was filed by Tej Kaur, petitioner/appellant. Along with the appeal, an application was also filed under Order 44 Rule 1 CPC, thereby seeking permission to file the appeal as an indigent person. However, vide impugned order dated 25.10.2021 (Annexure P-9), on the basis of the report having received from the Collector, Kaithal, about the petitioner/appellant Tej Kaur, to be having property measuring 11 kanal 1 marla in her name, it was held that Tej Kaur is not an indigent person, and consequently, the application was dismissed.
3. Vide the same order, the petitioner/appellant was directed to deposit Court fee, as per Rules,
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....
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.
Financial constraints and responsibility for minor children can justify permission to file an appeal as an indigent person, despite ownership of land and earning a monthly wage.
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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