#indigent person

The Kerala High Court ruled that a litigant’s indigent status under Order XXXIII CPC must be evaluated when the balance court fee becomes payable, not at the time of suit filing. This clarifies that sudden financial hardship due to accident or medical emergency can justify pauper status, significantly expanding access to justice for professionals and middle-income litigants facing unforeseen economic shock.

The Andhra Pradesh High Court ruled that a litigant’s eligibility for indigent status under Order 33 CPC cannot be denied solely based on daily wages and a family member’s salary. The court emphasized that financial capacity must be assessed holistically, considering the family’s basic needs and economic realities, not just isolated income sources. This decision reinforces the principle that court fee exemptions should be granted based on genuine financial hardship, ensuring access to justice for economically disadvantaged litigants.