Legal Battle Over Indigent Status: Landmark Judgment Analysis

The case of Sushil Thomas Abraham v. M/s Skyline Build revolves around a legal battle concerning the appellant’s indigent status and his right to pursue legal proceedings without paying the requisite court fees. The Supreme Court examined the financial capacity of the appellant to determine whether he should be permitted to file an appeal under Order 44 Rule 1 of the Civil Procedure Code (CPC) as an indigent person.

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Most importantly, the court stated: “If the appellant is able to prove in the inquiry with the aid of evidence that he is or has become an indigent person since the date of the decree appealed from and is therefore unable to pay the ad valorem court fees on the memorandum of appeal, his application will be allowed, else dismissed.”

The court ultimately decided that the case be remanded to the Appellate Court for proper inquiry under Order 44 Rule 3(2) of the CPC and further proceedings accordingly.

Petitioner Name: Sushil Thomas Abraham.
Respondent Name: M/s Skyline Build. Thr. Its Partner & Ors..
Judgment By: Justice Abhay Manohar Sapre, Justice Indu Malhotra.
Place Of Incident: Kerala.
Judgment Date: 07-01-2019.

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Download Judgment: Sushil Thomas Abraha vs Ms Skyline Build. T Supreme Court of India Judgment Dated 07-01-2019.pdf