Supreme Court · 2011 INSC 482 · Decided 11 July 2011

Mathai M. Paikeday v. C.K. Antony

Court
Supreme Court of India
Citation
2011 INSC 482 · [2011] 7 S.C.R. 230
Case number
CIVIL APPEAL No. 5493/2011
Decided
11 July 2011
Bench
G.S. SINGHVI, H.L. DATTU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908: c 0. 33, r.1, Explanation I, and 0.44. r.1 - Instituting of suit or appeal as an indigent person - Expression 'sufficient means' - Connotation of- A retired Dy. Conservator of Forest drawing monthly pension of Rs.10,5001- instituting appeals against money decrees as an indigent person - Prayer allowed by High Court - HELD: The expression "sufficient means" in 0. 33, r. 1 contemplates the atility or capacity of a person in the ordinary course to raise money by available lawful means to pay court fee - Financial assistance received from the E

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