Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908:0. 33, r.1, Explanation I, and 0.44. r.1 - Instituting of suit or appeal as an indigent person - Expression 'sufficient means' - Connotation of- A retired Dy. Conservator of Forest drawing monthly pension of Rs.10,5001- instituting appeals against money decrees with prayer for permitting him to institute the appeals as an indigent person - Prayer allowed by High Court - HELD: The expression "sufficient means" in 0. 33, r. 1 contemplates the ability or capacity of a person in the ordinary course to raise money by available lawful means to pay court fee - Financial assistance received from the family members or close friends can be taken into account in order to determine whether a person is possessed of sufficient means or is indigent to pay requisite court fee - In the instant case, it was stated by the judgement-debtor before the High Court that his son was employed abroad - He did not deny that his son sends him money - He failed to establish that the amount of money received from his son was not sufficient to pay the court fee - Non-production of bank account details amounts to suppression of fact and an adverse inference can be drawn against the judgement-debtor that he is receiving a substantial or sufficient amount of money from his son - Therefore, the amount of:money received by the judgement-debtor from his son and by way of pension, amounts to 'sufficient means' to pay court fee which disentitles him to be an indigent person under 0. 33,r. 1 and 0. 44 r. 1 - In the facts and circumstances of the case, the judgement-debtor cannot be declared as an indigent person in order to prosecute the regular first appeals before the High Court - Impugned order of High Court set aside |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2011 INSC 482 |
Petitioner | Mathai M. Paikeday |
Respondent | C.k. Antony |
SCR | [2011] 7 S.C.R. 230 |
Judgement Date | 2011-07-11 |
Case Number | 5493 |
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