In Brief
A plaintiff sued for recovery of Rs 74,66,107 but claimed inability to pay court fees of Rs 3,96,610 and sought permission to sue as an 'indigent person' under Order 33 CPC. The trial court and high court rejected this. When he later sought to appeal without paying fees under Order 44 CPC, claiming further financial deterioration, the high court rejected this too, reasoning that prior rejection barred him. The Supreme Court held that prior rejection at trial stage does not bar a fresh application at the appellate stage. The financial condition must be re-examined, and the appellate court must conduct an inquiry to determine if he has become indigent since the decree date, allowing substantive reconsideration of his status.
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