Manipulation of Financial Status to Meet Indigency Criteria Not Acceptable: Kerala High Court

The Kerala High Court upheld the decision of the Thiruvananthapuram Sub Court, rejecting an application by Sailaja alias Shailaja to sue as an indigent person. The case centered on procedural non-compliance and questionable property sales prior to the lawsuit’s filing, with the High Court emphasizing strict adherence to the procedural norms and financial integrity in indigent suits.

Sailaja’s plea was based on Order XXXIII of the Code of Civil Procedure, which allows economically weaker individuals to file suits without paying court fees. The application was initially rejected by the Sub Court due to her failure to comply with essential requirements at the inception of the case, such as detailing her financial status and complying with related procedural rules.

Non-Compliance with Procedural Rules: The court observed that Sailaja did not follow Order XXXIII Rules 2 and 3 at the time of the original filing in 2015, which mandate the inclusion of a detailed schedule of assets and personal presentation at court, respectively. These omissions were deemed significant enough to affect the integrity of her application to sue as an indigent person.

Questionable Property Sale: The court scrutinized the sale of property by Sailaja just 28 days before filing her lawsuit. This action led to her disqualification under Order XXXIII Rule 5©, as it appeared to be a strategic disposal of assets to qualify as an indigent. Despite arguments to the contrary, the court found that the timing and non-disclosure of these transactions indicated a manipulation of financial status.

Conclusion and Decision: The court concluded that the appeal lacked merit, citing the procedural missteps and strategic financial disposals by Sailaja that contravened the principles governing litigation by indigent persons. The judgment underscored the necessity of strict adherence to procedural rules and genuine financial disclosure in applications to sue as an indigent.

Date of Decision: April 30, 2024

Sailaja Alias Shailaja v. Shri A.Durairaj