30 April 2024 Civil Suits >> Civil & Consumer Law  

A recent court case involved an Appellant (Plaintiff) who was denied permission to sue as an indigent person. This means the Appellant couldn't get a waiver on court fees due to not following the proper procedures.

Background:

The Appellant filed a lawsuit against the Respondent seeking a significant financial sum. Interestingly, the Appellant sought permission to sue as an indigent person at the same time. However, there were irregularities in how they proceeded.

Issues with the Lawsuit Filing:

The core problems stemmed from the initial filing:

• The Appellant didn't pay the required court fees when filing the lawsuit.
• They didn't follow the proper protocol for suing as an indigent person.

 

 

Later Application to Sue as Indigent Rejected:

The Appellant later applied for permission to sue as an indigent person. This application was rejected by the Trial Court for two reasons:

1. Property Sale Not Disclosed: The Appellant failed to disclose that they had sold property shortly before filing the lawsuit. This is a potential violation of court rules.

2. Improper Initial Filing: The Trial Court pointed out that the initial lawsuit itself wasn't filed following the proper procedures for indigent persons.

Appellate Court Upholds Decision:

The Appellant appealed the Trial Court's decision. However, the Appellate Court sided with the Trial Court. They found that the Appellant's actions amounted to:

• Not following the proper procedures.
• Potentially attempting to mislead the court.

Conclusion:

This case highlights the importance of following proper procedures when filing a lawsuit, especially when seeking indigent status. Failing to do so can result in significant hurdles and even rejection of your case.

  Kerala Court-Fees and Suits Valuation Act, 1959    Code of Civil Procedure, 1908