The Madras High Court dismissed an appeal against an order refusing the appellant status of indigent person. The Court held that since the appellant had received Rs. 15 lakhs as advance pending for a property sale, his claim of inability to pay court fees was unsustainable.
Appeal dismissed; appellant directed to pay appropriate court fees.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2015
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN
C. Shanmugam ..Appellant/Petitioner
Vs.
C. Balasubramanian ..Respondent
Prayer: Civil Miscellaneous Appeal as against the order and decretal order dated 07.10.2014 passed in P.O.P. No. 25 of 2013 by the Principal District Judge, Namakkal.
For Appellant :: Mr.T. Dhanyakumar J U D G M E N T
This Civil Miscellaneous Appeal has been preferred by the proposed plaintiff challenging the order dated 07.10.2014 passed by the Principal District Judge, Namakkal, dismissing his application in P.O.P. No. 25 of 2013, which was filed to declare himself as an indigent person and permit him to file a suit as informa paupris.
appellant.
agreement, there is no explanation from the appellant as to what happened to the said amount. The above fact would only go to show that the appellant pretends as if he has got no means to pay the court-fee. The order of the Trial Court is based on evidence and the finding that the appellant received Rs.15 lakhs as early as on 2010. Having received the said amount of Rs.15 lakhs, it is not open to the appellant to contend that he does not have means to pay the court-fee. Hence, the Civil Miscellaneous Appeal fails and the same is dismissed. No costs. Connected M.P. is closed. It is open to the appellant to move the Trial Court to pay the appropriate court-fee, as per law.
Sd/-
Asst.Registrar (CS IV )
/true copy/
Sub Asst. Registrar
To
The Principal District Judge,
Namakkal
Copy to : The Section Officer V.R. Section,
High Court Madras.
+1cc to Mr. T. Dhanyakumar, Advocate SR 35747
C.M.A. No. 1076 of 2015
& M.P.No. 1 of 2015
BR (CO)
RS 10.08.2015
2 issues framed by the court
Whether an appellant receiving Rs. 15 lakhs as advance can claim pauper status to dismiss court fees.
Whether the dismissal of an application to declare as indigent person in an appeal involving property dispute is sustainable.
3 provisions across 3 enactments
C. Shanmugam
C. Balasubramanian
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
