First appeal filed without court fee with an application under Order 33 CPC to sue as an indigent person. Holding that such permission requires a separate miscellaneous proceeding and an enquiry, the court dismissed the appeal for want of court fee but allowed refiling under Order 44 Rule 1 with limitation benefit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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2024:CGHC:48385-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
FA No. 97 of 2024
1 - Ghanshyam S/o Late Lakhanlal Satnami Aged About 50 Years R/o Village Bhathagaon, Tahsil - Patan, District Durg, Chhattisgarh.
... Appellant
versus
1 - Venkateshwar Prasad Chandrakar S/o Shri Ganesh Ram Chandrakar R/o 15/581, Badhaipara, Baramdev Mandir Gali, Raipur, Tahsil And District - Raipur, Chhattisgarh.
2 - State Of Chhattisgarh Through The Collector, Durg, Chhattisgarh.
3 - Smt. Khajista Hussain W/o Atik Hussain Aged About 40 Years R/o Shop No. 49, Sector, -9, Bhilai, Tahsil And District Durg, Chhattisgarh.
... Respondent(s)
| For Appellant | : Shri Kshitij Sharma, Advocate. |
|---|---|
| For respective | : Ms. Fauzia Mirza, Senior Advocate along with |
| Respondent(s) For |
Ms. Rashmi Tandon, Advocate. : Shri Ankur Kashyap, Dy. G.A. |
| Respondent/State. |
Hon'ble Smt. Justice Rajani Dubey Hon'ble Shri Justice Bibhu Datta Guru
2
Order on Board
Per Bibhu Datta Guru, Judge
09.12.2024
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and is thus being issued the priority household ration card under Chhattisgarh Food Safety Act, 2012. He further submitted in application that the appellant and his family is living below the poverty line and they do not have sufÏcient income or means to arrange for payment of requisite Court fee in filing the instant appeal. He lastly submit that the plaintiff was also allowed to sue as an indigent person and hence he may be permitted to pursue the present appeal as an indigent person.
“Order 44 – Appeals by Indigent persons.--
1. Who may appeal as an indigent person — (1)Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as an indigent person, subject, in all matters, including the presentation of such application, to the provisions relating to suits by indigent persons , in so far as those provisions are applicable.
“Order 33 – Suits by indigent persons.--
1. Suits may be instituted by indigent person -Subject to the following provisions, any suit may be instituted by an indigent person.
Explanation I.—A person is an indigent person—
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(a) if he is not possessed of sufÏcient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
Explanation II.-Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.
Explanation III.-Where the plaintiff sues in a representative capacity, the question whether he is an indigent person shall be determined with reference to the means possessed by him in such capacity.
1A. Inquiry into the means of an indigent person .- Every inquiry into the question whether or not a person is an indigent person shall be made, in the first instance, by the chief ministerial ofÏcer of the Court, unless the Court otherwise directs, and the Court may adopt the report of such ofÏcer as its own finding or may itself make an inquiry into the question.
2. Contents of application .-Every application for permission to sue as lan indigent person] shall contain the particulars required in regard to plaints in suits; a schedule of any movable or
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immovable property belonging to the applicant, with the estimated value thereof, shall be annexed thereto; and it shall be signed and verified in the manner prescribed for the signing and verification of pleadings.
3. Presentation of application .-Notwithstanding anything contained in these rules, the application shall be presented to the Court by the applicant, in person, unless he is exempted from appearing in Court, in which case the application may be presented by an authorized agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person:
Provided that, where there are more plaintiffs than one, it shall be sufÏcient if the application is presented by one of the plaintiffs.”
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recorded. The aforesaid proceeding can only be drawn in a separate proceeding i.e. Miscellaneous Civil Case and in the said Miscellaneous Civil Case if the Court will find that the financial condition of the indigent person has not improved then he will be allowed to prefer the appeal as an indigent person, hence the present appeal without court fee cannot be entertained and the application under Order 33 Rule 1 filed by the appellant herein is also not in accordance with law.
Sd/-
Sd/-
(RAJANI DUBEY)
(BIBHU DATTA GURU)
Judge Judge
Shoaib
Digitally signed by SHOAIB SHOAIB ANWAR ANWAR Date: 2024.12.13 11:23:21 +0530
2 issues framed by the court
Whether a first appeal can be continued without affixing proper court fee.
Whether the appellant can be permitted to sue as an indigent person within the first appeal itself under Order 33 CPC.
5 provisions across 1 enactments
Ghanshyam S/o Late Lakhanlal Satnami
Venkateshwar Prasad Chandrakar S/o Shri Ganesh Ram Chandrakar
State of Chhattisgarh through the Collector, Durg, Chhattisgarh
Smt. Khajista Hussain W/o Atik Hussain
Rajani Dubey
Bibhu Datta Guru
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
