Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Analysis and Conclusion:To draft a petition declaring you as an indigent person for filing a suit in the NCLT Kolkata, you should include a statement of your financial incapacity, mention that you lack sufficient assets or income to pay court fees, and request permission to proceed in forma pauperis under Order XXXIII Rule 1 CPC. Supporting this, you should provide details of your assets, liabilities, income, and any attachments or liabilities that demonstrate your indigency, similar to the examples in the cited cases. The petition should also mention that the decision is made in accordance with the relevant legal provisions and case law, emphasizing that your inability to pay is genuine and that the court’s discretion should favor granting you indigent status.
Disclaimer: This article provides general information based on legal principles and precedents. It is not legal advice. Consult a qualified lawyer for your specific situation.
Facing financial hardship but need to approach the National Company Law Tribunal (NCLT) Kolkata? Many individuals wonder: Draft a petition declaring me as an indigent person in forma pauperis in NCLT Kolkata. This query highlights a common challenge—accessing justice without the burden of court fees. In forma pauperis (Latin for in the form of a pauper) allows indigent persons to litigate without paying upfront fees, provided they prove insufficient means.
This guide breaks down the process, drawing from Order 33 of the Civil Procedure Code (CPC), applicable principles in NCLT proceedings, and key judicial precedents. We'll cover eligibility, procedure, evidence, pitfalls, and a sample draft.
An indigent person is someone who cannot pay court fees without depriving themselves of basic necessities like food, shelter, and clothing. The concept, rooted in equity, ensures no one is barred from justice due to poverty. As per legal principles, it involves assessing income, assets, liabilities, and financial support Alifiya Husenbhai Keshariya VS Siddiq Ismail Sindhi - 2024 4 Supreme 620.
Courts interpret sufficient means liberally but rigorously. Possession of property or gold doesn't automatically disqualify if it can't be liquidated easily for fees. For instance, The possession of property and gold ornaments does not necessarily indicate the ability to pay court fees, and a liberal approach should be taken in interpreting 'sufficient means' for claiming indigency Malarkodi VS Sakthivel - 2015 Supreme(Mad) 891. Similarly, funds in a bank account not owned by the applicant (e.g., family maintenance) shouldn't bar the claim REMANI vs SREEDHARAN - 2009 Supreme(Online)(KER) 33759.
In NCLT Kolkata, while specific rules differ from civil courts, CPC Order 33 principles apply by analogy, especially for fee waivers Alifiya Husenbhai Keshariya VS Siddiq Ismail Sindhi - 2024 4 Supreme 620.
Order 33 Rule 1 allows suits by indigent persons. Rule 2 requires a petition with a schedule of assets. The applicant must prove:- Inability to pay fees.- No sufficient means after basic needs.
NCLT Rules incorporate similar equity. Precedents confirm the burden lies on the applicant: The courts have consistently held that unsubstantiated claims or lack of proper evidence can lead to rejection of indigency petitions Alifiya Husenbhai Keshariya VS Siddiq Ismail Sindhi - 2024 4 Supreme 620.
NCLT handles company law matters, but indigency pleas follow civil law analogies. If already in proceedings, amend pleadings to claim pauper status Alifiya Husenbhai Keshariya VS Siddiq Ismail Sindhi - 2024 4 Supreme 620.
Assess Eligibility: Calculate if fees would leave you destitute. Consider monthly income (e.g., pension), assets under Rs. 1,000 value threshold, and support.
Draft the Petition: File under Order 33 Rule 1 CPC, tailored for NCLT. Include affidavit detailing finances.
Gather Evidence:
Affidavit denying hidden support.
File and Serve: Submit to NCLT Kolkata Bench with main petition. Serve copies on opponents.
Hearing: Tribunal examines evidence. Opponents may contest, e.g., alleging hidden assets Manchiraju Viswaswara Sadasiva Rao and Kamarsu Viswaswara Sadasiva Rao VS Kamarsu Vijayalaxmi - 2003 Supreme(AP) 707.
If Granted: Proceed without fees; pay later if you win and recover costs.
Failure to disclose, like bank accounts, leads to rejection: The court below found that the petitioner did maintain an account in the Bank and that was not disclosed in the schedule REMANI vs SREEDHARAN - 2009 Supreme(Online)(KER) 33759.
Courts scrutinize claims strictly. In Mathai M. Paikeday v. C.K. Antony, indigency qualifies if fees impair basic living Alifiya Husenbhai Keshariya VS Siddiq Ismail Sindhi - 2024 4 Supreme 620. The Supreme Court stresses proof: The burden of proving indigency is on the applicant, and that non-production of proof or suppression of facts can adversely affect the case Alifiya Husenbhai Keshariya VS Siddiq Ismail Sindhi - 2024 4 Supreme 620.
Other rulings reinforce:- Limitation Bars: Petitions dismissed if suit is time-barred: An application to sue as informa pauperis may be dismissed if the suit is clearly barred by limitation based on the application’s allegations INDIRA SADANANDAN vs STATE OF KERALA - 2009 Supreme(Online)(KER) 28130.- Capacity to Raise Funds: The possession of sufficient means refers to the capacity to raise money and not just the actual possession of the property Mohana VS Nirmaladevi - 2012 Supreme(Mad) 747.- Defendant's Right to Contest: Just as it is valuable right for indigent plaintiff to be allowed to institute suit as indigent, it is equally valuable right for defendant to ask for Court to dismiss application if he can show that plaintiff has really means to pay court fee Manchiraju Viswaswara Sadasiva Rao and Kamarsu Viswaswara Sadasiva Rao VS Kamarsu Vijayalaxmi - 2003 Supreme(AP) 707.- Revocation Possible: Initial grants can be revoked on inquiry, requiring fee payment Anna Marie Bernard Joseph & Others VS Lady Lourdomariammal alias Pappayammal & Others - 2006 Supreme(Mad) 1446.
In partition suits, property shares don't always negate indigency if unrealizable NAZIR AHAMED vs JAHAN ARA BEGUM - 2022 Supreme(Online)(MAD) 28210.
Here's a customizable template based on standard formats:
IN THE NATIONAL COMPANY LAW TRIBUNAL, KOLKATA BENCH
In the matter of: Your Name, Address, Contact
Application/Case Number
PETITION UNDER ORDER 33 RULE 1 CPC FOR IN FORMA PAUPERIS
Place/Date: [](https://supremetoday.ai/doc/judgement/)Deponent: Signature
Verification: True to knowledge.
Attach documents. Note: Adapt and notarize.
Courts may direct amendments or extra proof.
Filing as an indigent in NCLT Kolkata empowers access to justice but demands rigorous proof. Follow Order 33 CPC, provide evidence, and heed precedents like those in Alifiya Husenbhai Keshariya VS Siddiq Ismail Sindhi - 2024 4 Supreme 620 and K. Balakumar VS M. S. Jayaprakash and Others - 1995 0 Supreme(Mad) 825. Transparency is key—suppression dooms claims.
For tailored advice, contact a lawyer specializing in NCLT matters. Justice should be for all, not just the affluent.
References:- Alifiya Husenbhai Keshariya VS Siddiq Ismail Sindhi - 2024 4 Supreme 620, K. Balakumar VS M. S. Jayaprakash and Others - 1995 0 Supreme(Mad) 825, Manchiraju Viswaswara Sadasiva Rao and Kamarsu Viswaswara Sadasiva Rao VS Kamarsu Vijayalaxmi - 2003 Supreme(AP) 707, Malarkodi VS Sakthivel - 2015 Supreme(Mad) 891, REMANI vs SREEDHARAN - 2009 Supreme(Online)(KER) 33759, Mohana VS Nirmaladevi - 2012 Supreme(Mad) 747, INDIRA SADANANDAN vs STATE OF KERALA - 2009 Supreme(Online)(KER) 28130
#NCLTKolkata #InFormaPauperis #IndigentPetition
an indigent person. ... After contest the suit was decreed, as against which the defendant who is the revision petitioner herein, preferred appeal informa pauperis. The appellate Court after hearing both sides, rejected the prayer of the defendant to file the appeal informa pauperis. ... --Subject to the following provisions, any suit may be instituted by an indigent person. ... With the above direction, this civil revision petition....
Even if this is accepted, these provisions could be applied only to the applications to prefer an appeal informa-pauperis or as indigent person which were pending on the date of commencement of the Amendment Act or where the suits had been decided earlier but the applications to prefer appeal informa-pauperis ... In 1981 appellant Maya Devi filed review application on the basis of order 44 Rule 3(1) contending that since Gaya Prasad filed suit informa pauper....
Rasoolan, an order in an application to sue informa pauperis effecting the institution of a suit. ... The petitioner herein who is said to be the adopted son of basava Raju resisted the petition of the plaintiff seeking permission to sue as an indigent person. ... If the plaintiff/r-1 herein fails to pay the court fee within two months from the date of this order, her petition seeking leave to sue as indigent person stands rejected. No costs. ... ......
Petitioner, who sued as informa pauperis, had scheduled the assets, which she possessed at the relevant time. The immovable property she owned was under attachment. Therefore she is precluded from disposing of the same. In the light of the above facts, she wanted to lay the suit as indigent person. ... Sathyan (1997(1) KLT 384) it was held that the respondents in the petition of the present nature can point out that the suit is barred by limitation and therefore the application to sue as infor....
is filed by the defendants 1 and 2, challenging the order of the trial Court dated 18.06.2019 in P.O.P.No.120/2015 declaring the plaintiff as indigent person and permitted him to file a suit for informa pauperis. ... This is the reason on the basis of which the first defendant father resisted his son's suit for partition etc., The trial Court after enquiry has permitted the son to file the suit as an indigent person. ... In the result, the revision #HL_STA....
for permission to sue as indigent person has been made. ... Dukh Haran Nath Singh and another) to contend that the suit commences from the moment the petition seeking permission to sue as 'informa pauperis', is presented. There is no quarrel about the said proposition. ... ... Apart from that, as rightly pointed out by the learned counsel for the respondent, as on date, no suit is pending and only the petition seeking permission to file the suit as 'informa #HL_START....
pauperis as an indigent person. ... seeking permission to prosecute the aforesaid RFA No.1986/2016 informa pauperis as an indigent person. ... The petitioner is permitted to prosecute RFA No.1986/2016 informa pauperis as an indigent person. iii. ... prosecute RFA No.1986/2016 as an indigent person. ... It is therefore contended that the petitioner ....
Since she was unable to pay the said amount, she instituted I.A. 2442 of 2005 seeking permission to prosecute the counter claim as an indigent person. ... The court below found that the petitioner did maintain an account in the Bank and that was not disclosed in the schedule appended to the petition seeking permission to sue as informa pauperis. ... Going by Order 33 Rule 1 of Code of Civil Procedure, a person is entitled to seek permission to sue as informa #HL_START....
[SUITS BY INDIGENT PERSONS] 1.Suits may be instituted by indigent person. ... person, cannot be accepted. ... -A person is an indigent person,- https://hcservices.ecourts.gov.in/hcservices/ div id="page0" style="position:relative;width
According to the plaintiff, he is an indigent person, he has no source of income to pay court fee and except suit A Schedule property, there is no other property and so prayed for treating him as an indigent person and consequently permit him to conduct the suit informa pauparis without payment of court ... The learned Judge finding that the 1 respondent filed suit for partition in District Munsif court, Vanur, in O.S.No.82 of 2012 in respect of the schedule mentioned properties and while that suit is p....
9. Applying the said principle, I am of the view that the learned Judge is not correct in rejecting the application of the appellants filed under Order 33 Rule 1. Accordingly, the Civil Miscellaneous Appeal is allowed and the impugned order dated 07.01.2013 passed in Indigent O.P.No.1 of 2012 by the District Court, Karur, is set aside and the learned District Judge, Karur, is directed to declare the appellants as informa pauperis and number the suit as indigent person and proceed with the trial in accordance with law.
4. In the suit for partition, appellants/plaintiffs are to pay court fee a sum of Rs.1,20,098/-. Stating that they have no means to pay the court fee and that they are to be declared as indigent persons and seeking leave to sue as informa pauperis plaintiffs have filed pauper O.P.No.10 of 2010.
After due enquiry, the trial Court had permitted he plaintiff to file the suit as informa pauperis and consequently converted the petition as suit and numbered as O.S. No. 1770 of 1999. ( 25. ) INSOFAR as the relief under (a) is concerned, she was already declared as an indigent person and permitted to file the suit as informa pauperies. INSOFAR as the reliefs under (b) and (c) are concerned they are not consequential to the relief under ?a? Originally the appellant/plaintiff had filed the petition under XXXIII Rule 1 of the to declare that she is an indigent pers....
EX.B-11 is for 1977 which itself would show that defendant No.15 was in possession of the land through his lessees. Therefore even Exs.B-12 to B-17 which came into existence subsequently also assume importance. Plaintiff and defendants 1 to 3 admit that Annapurnamma was in possession of land through her servants till her death of 15-6-1978. The suit was filed on 20-3-1978 as informa pauperis.
Later, on enquiry, the said permission was revoked and the court fee was ordered to be paid. 9. Before we go into the merits of the case, it is profitable to notice that this suit was originally filed by way of an Assignation dated 29.4.1965 by Anna Marie Bernard Joseph. Then, a petition was filed for permission to sue informa pauperis, which was granted initially.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
