Supreme Court of India

Mathai M. Paikeday v C.K. Antony

AIR 2011 SC 3221; (2011) 13 SCC 17420111 min read
The case in brief30-second read
Facts
The respondent, a retired Deputy Conservator of Forests drawing a pension of Rs 10,500, was permitted by the Kerala High Court to file regular first appeals as an indigent person. He admitted that his son abroad sent him money but did not produce his bank records.
Issue
Whether the respondent was an indigent person under O.XXXIII R.1 and O.XLIV R.1.
Held
Employment status and income including pension, unencumbered assets, total debts and financial help from family and friends may be considered. Non-production of bank records amounted to suppression and justified an adverse inference. He was not indigent. The appeals were allowed and the High Court order set aside, with 45 days to deposit court fee.
Principle
'Sufficient means' in O.XXXIII R.1 means the ability in the ordinary course to raise money by lawful means, including pension and help from family
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Facts

  • The respondent, a retired Deputy Conservator of Forests drawing a pension of Rs 10,500, was permitted by the Kerala High Court to file regular first appeals as an indigent person. He admitted that his son abroad sent him money but did not produce his bank records.

Issue

  1. Whether the respondent was an indigent person under O.XXXIII R.1 and O.XLIV R.1.

Held

  • Employment status and income including pension, unencumbered assets, total debts and financial help from family and friends may be considered. Non-production of bank records amounted to suppression and justified an adverse inference. He was not indigent. The appeals were allowed and the High Court order set aside, with 45 days to deposit court fee.

Ratio decidendi

Indigency is judged by the realistic capacity to raise the court fee, not merely by assets owned.

Exam use

How to use it in an answer

Cite in problem questions on whether an applicant is indigent.

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Citation

Mathai M. Paikeday v C.K. Antony AIR 2011 SC 3221; (2011) 13 SCC 174

Reported: https://indiankanoon.org/doc/152235328/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.