VidhiSangh

Supreme Court of India · 07/01/2019

SUSHIL THOMAS ABRAHAM versus M/S. SKYLINE BUILD. THR. ITS PARTNER & ORS.

[2019] 1 S.C.R. 74 · 2019 INSC 25

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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

  1. Whether refusal of indigent status at trial barred an application for that status on appeal.
  2. What inquiry and court-fee directions were required.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 74.