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Supreme Court Of India

(From: 2014 AIR CC 2385 (Ker))

Hon'ble Judge(s): Abhay Manohar Sapre, Indu Malhotra , JJ

Civil P.C. (5 of 1908) , O.33 R.1, O.44 R.1, O.44 R.3(2)— Appeal by indigent person - Scope - Rejection of plaintiff's application for filing suit as an indigent person - Would not bar him from seeking permission to file appeal as an indigent person - Matter remitted back to Appellate Court for holding inquiry under O.44 R.3(2). The dismissal of application made under Order 33 Rule 1 of the Code by the Trial Court in the earlier round of litigation is not a bar against the plaintiff to file an application/appeal under Order 44 Rule 1 of the Code before the Appellate Court. The grant and rejection of such prayer by the Trial Court is confined only up to the disposal of the suit. This is clear from the reading of Rule 3(1) and 3(2) of Order 44, which contemplate holding of inquiry again into the question at the appellate stage as @page-SC513 to whether the applicant is an indigent person or not since the date from the decree appealed from. Once the plaintiff files an appeal under Order 44 of the Code, his case is governed by the provisions of Order 44. The applicant to whom the permission was granted or declined by the trial court is entitled to apply before the appellate court to allow him to continue with the status or grant the status so as to enable him to prosecute the appeal as an indigent person. View taken by High Court th....