• Order 33 Rule 3, Order 44 Rule 1, Order 44 Rule 3, Order 33 Rule 15 CPC Permission to appeal An application under Order 33 Rule 3 of the CPC for permission to appeal as an indigent person stating that the appellant/applicant had been retired compulsorily from his job with the respondent no. 1 way back in December, 2004 and since then is without job and all monetary resources at the disposal of the appellant/applicant have dried up since then and the appellant/applicant is left with no monies, valuables, securities or properties, even to sustain his family Plaintiff whose application to sue as an indigent person has been refused on the ground that he has not proved his indigency, and who thereafter pays Court Fees and pursues the suit, is barred from in an appeal against the judgment of dismissal of the said suit from applying for appealing as an indigent person Appellant/applicant in his application that owing to any subsequent events in the hiatus between the institution of the suit (when he was held to have not proved his indigency) and the date of institution of the appeal or any other change in circumstances, he is now an indigent person. Rather the application is filed pleading his indigency since prior to the institution of the suit and which indigency as aforesaid has been disbelieved and he was not allowed to sue as an indigent. Rather, the appellant/applicant totally failed to disclose, neither in this application nor in the appeal, the fact of permission to sue as an indigent person having earlier been denied to him The appellant/applicant is thus not entitled to appeal as an indigent person. The appellant/applicant having already stated that he does not wish to pay the Court Fees, the occasion for granting him any opportunity therefor does not arise. The application is accordingly dismissed
NAND vs DELHI SOCIETY FOR PREVENTION OF CRUELTY TO ANIMAL RFA 284/11 22/07/13 [ Rajiv JJ ]
[ DELHI HIGH COURT ]