Madras High Court Denies Indigent Status to Petitioner in Sundaram Fasteners Case
Court Dismisses Petition to Appeal as Indigent Person Due to Insufficient Proof of Indigence
In a significant judgment, the Madras High Court has dismissed a petition by S. Venkatesan, who sought permission to file an Original Side Appeal (OSA) against Sundaram Fasteners Limited as an indigent person. The court, presided over by Justices S.M. Subramaniam and Mohammed Shaffiq, ruled that Venkatesan failed to establish his indigent status as required under the Code of Civil Procedure, 1908, specifically Orders XXXIII and XLIV.
The case originated from a decree in CS.No.507 of 2012, which directed Venkatesan to pay Sundaram Fasteners Limited a sum exceeding Rs. 2 crore. Venkatesan contended that he lacked the financial means to pay the requisite court fee of approximately Rs. 22.8 lakh for the appeal. However, the court found that Venkatesan's bank statements revealed deposits totaling Rs. 58,06,479.20/- from 2024 to 2025, contradicting his claims of financial incapacity.
The judgment emphasized that to qualify as an indigent person under the legal framework, an applicant must provide documentary evidence such as bank statements and disclosure of assets to establish prima facie indigence. Mere certificates from government authorities are deemed insufficient.
The court further highlighted that under Order XXXIII Rule 5 and Order XLIV Rule 3 of the Code of Civil Procedure, an application to sue or appeal as an indigent person must be rejected if the applicant fails to disclose assets, possesses sufficient means to pay court fees, or has disposed of property fraudulently.
In this case, the petitioner's possession of valuable properties and substantial bank deposits led the court to conclude that he had not demonstrated the lack of "sufficient means" to pay the court fees, thus warranting the rejection of his application without further inquiry.
The court granted Venkatesan the liberty to pay the court fees within two weeks and represent the appeal, emphasizing the necessity for a stringent examination of claims to prevent the misuse of provisions meant to aid genuinely indigent litigants.
Bottom Line:
Application to sue as an indigent person under Order XXXIII and Order XLIV CPC requires the applicant to establish prima facie indigence. Bank statements, assets, and income sources must be disclosed, and failure to do so results in rejection without further inquiry.
Statutory provision(s): Code of Civil Procedure, 1908 - Orders XXXIII and XLIV, Order XXXIII Rule 5, Order XLIV Rule 3
S.Venkatesan v. Sundaram Fasteners Limited, (Madras)(DB) : Law Finder Doc Id # 2783825
