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may 2024

Supreme Court of India · 2024-05-27

Alifiya Husenbhai Keshariya vs Siddiq Ismail Sindhi

Citation / case number
2024 INSC 457
Court
Supreme Court of India
Petitioner
Alifiya Husenbhai Keshariya
Respondent
Siddiq Ismail Sindhi
Author
Sanjay Karol
Bench
Sanjay Karol, J.K. Maheshwari

Judgment text excerpt

The Supreme Court addressed the status of an 'indigent person' under Order 33 CPC, specifically whether a claimant entitled to compensation but not yet received it can still file an appeal as an indigent person. The Court held that entitlement to compensation does not automatically disqualify a person from being considered indigent, emphasizing that the inability to pay court fees must be assessed based on actual financial circumstances. The High Court's dismissal of the appellant's application to file as an indigent person was set aside, allowing the appeal to proceed.

Alifiya Husenbhai Keshariya vs Siddiq Ismail Sindhi · Niyam