XAVIER Vs. KURIAKOSE

JUDGEMENT

(1.) 1. The appellant moved the court below for leave to sue as an indigent person. This was resisted by respondents 1 to 4. Leave was refused, and hence the appeal.

(2.) THE appellant owns 2. 72 cents of land on which stands his residential building. On the reasoning that this is worth Rs. 20,000/-, the court below concluded that, 'the application cannot be allowed'. THE court said no more; and considered nothing else. What is germane is whether the appellant is possessed of 'sufficient means', to pay court fee, and not whether he is possessed of any means. An indigent person need not be one bereft of all material possessions of value. 0. 33 understands an indigent person as: "explanation I A person is an indigent person,- (a)If be is cot possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or (b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree and the subject-matter of the suit". THE Code confers the benefit on persons without 'sufficient means'. It refers not, to a person without any means. Whether a person is without sufficient means, would depend on the facts of the case and the court has to ascertain if he is capable of raising the court fee in normal circumstances. A straight jacketed interpretation cannot be made on the language of the rule. THE Code uses the expression 'sufficient means which is, means sufficient to pay court fee, after meeting the basic requirements of life. An interpretative process consistent with the Constitutional Directives and philosophy must prevail. Art. 39a of the Constitution of India envisages equal justice and free legal aid and the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity and ensure "that opportunities are not dented to any citizen by reason of economic or other disabilities". Total destitution is no pre-requisite to seek justice. If he has not sufficient means to pay court fee, justice shall not be denied to him. Innovate we do not; we interpret the rules to achieve the objects behind it and to reach its benefit to those it is intended for.