Summary
The High Court refused permission to appeal as an indigent person because the plaintiff’s similar request at trial had previously failed. The Supreme Court held that the earlier refusal did not bar an application based on indigency at the appellate stage. It remanded for the required inquiry, preferably within six months, and separately directed verification and lawful recovery of any unpaid trial court fee.
Issues
- Whether refusal of indigent status at trial barred an application for that status on appeal.
- What inquiry and court-fee directions were required.
Provisions considered
- Order XXXIII Rule 1 and Explanations I–II, Code of Civil Procedure, 1908Means are assessed excluding exempt property and the suit subject matter, while property acquired before determination is taken into account. (¶¶ 19, 20, 21, 22)
- Order XLIV Rules 1 and 3, Code of Civil Procedure, 1908Earlier refusal did not bar a fresh appellate application; the court had to inquire into the alleged indigency under Rule 3(2). (¶¶ 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36)
Held
- Trial-stage refusal of permission relates to the suit and does not permanently preclude indigent status on appeal. Order XLIV governs the appellate request and contemplates inquiry into the applicant’s circumstances since the decree. (¶¶ 29, 30, 31, 33)
- Where an applicant already permitted to sue as indigent files the prescribed affidavit, further inquiry may be unnecessary unless the affidavit is disputed. Where earlier status was refused and later indigency is alleged, inquiry is required; the application cannot be rejected solely because of the earlier refusal. (¶¶ 25, 26, 27, 32, 33, 34)
- The appellate court, or trial court if so directed, must hold the inquiry and decide on evidence whether the applicant is unable to pay the appeal court fee. Determination was requested preferably within six months before proceeding in accordance with law. (¶¶ 35, 36, 37)
- The prior trial-stage refusal had become final. The court must therefore verify payment of the trial court fee and recover any unpaid amount under the applicable Order XXXIII procedure. (¶ 38)
Result
Appeal allowed; refusal set aside and case remanded for indigency inquiry, preferably within six months. Unpaid trial court fee, if any, to be recovered according to law.