What if a pauper person submit half court fee

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    • #2923
      SHARMA
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      A lady filed a recovery case pretending as false pauper/indigent lady for Rs. 20.00 Lacs. In order to save court fee of Rs. 60,000/- she gave false affidavit for her financial status. In reply I produced documents related to her monthly pension of Rs. 11000/- and land in her name. Then she changed the recovery amount and submitted Rs. 27,000/- for recovery amount of Rs.10.00 Lacs and the case in resumed/reopened after dismissal for some months. I want to know when she submitted Rs. 27000/- as court fee/stamps etc then why the nature of the case is not changed from indig/pauperis to normal recovery case? Is there any provision in such cases that applicant pay half court fee and still can appear as indigent/pauper applicant? Does such pauper/indigent status affect the merits of case? Can she take advantages in this case just pretending as false pauper? Will her pauper status work in her favour? Despite our evidences regarding her monthly income, her land and her current assets? Full details will be appreciated. Any referral case if you can suggest in which a false pauper lady/person was defeated due to their false statements. Thanks

    • #2924

      Please do not ask repeated questions on the same issue. Just few minutes back, I had answered your similar question, but without going through in details of the legal provisions quoted in reply to that, you have asked another question on the same issue. Prior to that also, you had asked similar questions.

      Please see, Order 33 Rule 9 under which on you can file an application on the basis of which the court has the power to direct that the said lady (whom you referred to as your mother in other questions) ought not to continue to sue as an indigent person if you can show that she has sufficient means. I had referred to Order 33 in my reply to your last question. But, you did not read that, it appears.

      How can we reply to your question: “I want to know when she submitted Rs. 27000/- as court fee/stamps etc then why the nature of the case is not changed from indig/pauperis to normal recovery case?”? The answer to this question has to be ascertained from the court concerned. How do you expect that we would know its answer which is an act of the court or its registry?

      To your other queries, let me point out that the status of indigent person does not have anything to do with the merits of the case. It is only to do with regard to court fee, etc.

      Please read Order 33 of CPC, as I referred to in my reply to your previous question. If you are yourself not fighting the case as an indigent person, then please engage some local lawyer who can reply to all such questions which are related to facts of the case, and which we cannot answer without having seen the detailed papers.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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