MATHAI M. PAIKEDAY versus C.K. ANTONY

MATHAI M. PAIKEDAY versus C.K. ANTONY

The respondent receives pension and financial assistance from his son abroad; failure to produce bank details amounts to suppression of fact and adverse inference; therefore, he is possessed of sufficient means and cannot be declared an indigent person for prosecution of appeals.

Parties
Appellant: Mathai M. Paikeday; Respondent: C.K. Antony
Jurisdiction
India
Judgment Date
11 July 2011
Procedural Posture
Civil Appeal / Final Disposition on Appeal From High Court Order
Outcome
Appeals allowed; impugned final order of High Court set aside
Legal Topics
Indigent Person, Court Fees, Appeals as Indigent Person
Civil Procedure Indigent Person Court Fees Appeals as Indigent Person

Case Brief

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Parties

Mathai M. Paikeday

Appellant

C.K. Antony

Respondent

Procedural Posture

Civil Appeal / Final Disposition on Appeal From High Court Order

Legal Issues

  1. 1 Whether the respondent is an indigent person as not possessed of sufficient means to pay court fees and entitled to avail benefits under Order 44 of the Code of Civil Procedure, 1908

Ratio Decidendi

The respondent receives pension and financial assistance from his son abroad; failure to produce bank details amounts to suppression of fact and adverse inference; therefore, he is possessed of sufficient means and cannot be declared an indigent person for prosecution of appeals.

Court Disposition

Appeals allowed; impugned final order of High Court set aside

Orders

  • Respondent granted 45 days to deposit court fee if he desires to prosecute the appeals before the High Court.
  • Costs are made easy.