RAM SARUP vs UNION OF INDIA AND ORS.

The Supreme Court held that the High Court's dismissal of the appellant's application under Rule 1 of Order 44 of the Code of Civil Procedure was unsustainable. The Court clarified that the rejection of the application only indicated dissatisfaction with the indigent status of the applicant and did not preclude the opportunity to pay the requisite court fee as per Rule 2. The Court emphasized that the amendment to Rule 1 necessitates allowing time for payment of court fees after rejection of the indigent application, thereby allowing the appeal to proceed.