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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. S.M.Subramaniam, Mr. Mohammed Shaffiq, JJ
S.Venkatesan – Appellant
Versus
Sundaram Fasteners Limited – Respondent
| Table of Content |
|---|
| 1. application for appeal as indigent. (Para 1 , 2 , 3) |
| 2. arguments regarding financial status. (Para 5 , 6 , 7) |
| 3. definition and criteria for indigency. (Para 10 , 12 , 19) |
| 4. court's assessment of sufficiency of means. (Para 18 , 26 , 32) |
ORDER
S.M.SUBRAMANIAM, J.
TABLE OF CONTENTS:
| S.No. | TABLE OF CONTENTS | Page No. |
| I | Background of the Case | 3 |
| II | Who is an Indigent Person? | 5 |
| III | “Sufficient Means”- Meaning | 6 |
| IV | Procedure for Filing Suits by Indigent Persons | 10 |
| V | Inquiry into Indigency (Order XXXIII Rule 1-A CPC) | 11 |
| (A) Two Situations | 12 | |
| (a) Already Indigent at Trial | 13 | |
| (b) Became Indigent After Decree | 13 | |
| (B) Who Conducts the Inquiry? | 13 | |
| VI | Scope of Filing Appeals as an Indigent Person despite earlier Rejection of Suit | 14 |
| VII | Safeguards Against Abuse: Order XXXIII, Rule 5 CPC | 18 |
| (A) Legislative Framework of Rule 5 | 18 | |
| VIII | Finality of the Officer’s Report and Court’s Supervisory Role in Appeals by Indigent Persons | 20 |
| IX | Conclusion | 23 |
The present civil miscellaneous petition has been instituted by the petitioner seeking permission to file the Original Side Appeal (OSA) in the capacity of an indigent person. I. Background of the Case:
2. The facts, in nutshell, show that the suit in CS.No.507 of 2012, instituted b
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