MANALIL DEVI Vs. POOVERI NANU

JUDGEMENT

(1.) An initial issue pertaining to payment of court fee came up for consideration as to whether the additional appellants, who are impleaded as the legal heirs of deceased indigent appellant, are liable to pay the required court fee at the appellate stage and whether they can be exonerated from the said liability on account of the earlier permission granted to appeal as indigent.

(2.) The original appellant was allowed to appeal as an indigent person by granting permission under Order XXXIII C.P.C. after conducting an enquiry. During the course of appeal, the original appellant passed away. The legal heirs were brought on record as additional appellants at their instance. But they did not pay the required court fee in the appeal on the reason that permission was granted to the deceased indigent appellant and hence, they will stand exonerated from the said liability and the court fee payable on conclusion of appeal under Rule 14 of Order XXXIII C.P.C. can be extended only against the property left out by the deceased indigent appellant. It is further submitted that their individual property cannot be held liable for recovery even under Rule 14 of Order XXXIII C.P.C. It is not permissible for this court to change the status of the appeal once it was allowed to be continued as an indigent appeal.

(3.) On the other hand, it is submitted by the learned counsel for the respondent that the permission to sue or appeal as an indigent person is subject to the application of Rule 9 of Order XXXIII C.P.C. and the court at any stage can withdraw the permission granted on satisfaction of the requirements under clause (a), (b) or (c) annexed to the said Rule.