In Brief
Sushil Thomas Abraham filed a civil suit as an indigent person, claiming he could not afford court fees of Rs. 3,96,610. The trial court rejected his claim, holding he had sufficient means. The High Court upheld this rejection. After the suit was decided on merits against him, Abraham sought to appeal as an indigent person, citing deteriorated finances. The High Court dismissed his appeal application, reasoning that his earlier rejection as an indigent person barred him from seeking such status in appeal. The Supreme Court allowed his appeal, holding that rejection of indigent status at trial does not bar a fresh application at the appellate stage. The appellate court must conduct a fresh inquiry into whether the appellant has become indigent since the decree date, following Order 44 Rule 3(2) of the Code of Civil Procedure. The case was remanded for such inquiry.
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