Is pauper application a part of suit?
sanjeev kumar
(Querist) 17 February 2013
This query is : Resolved
D/Law Experts,
She moved a pauper application in the year 2002 for the exemption of court fee pertaining to a suit for the enhancement of alimony.Her pauper application was dismissed in the year 2008 and she had to pay court fee as per law.The case was decided in the year 2010 and the mntce money was increased from 4000/- to 8000/-.In the order the date of implementation was not clearly mentioned.She further made an appeal for further increase and with the demand of arrear wef 2002 ie from date of pauper application.No further increase was ordered by the appellate authority and the date of implementation was clarified as "from the date of suit".She moved an application in th court of CJM for execution by caculating her arrear from year 2002 ie from date of pauper application.The total amount calculated was about Rs. Eight Lac.The CJM ordered the deduction of Rs, 17,000/- per month from my salary to recover the aforesaid amount.Kindly clarify from which date the arrear amount should be calculated.Is pauper application considered as a part of suit?
R.K Nanda
(Expert) 18 February 2013
local lawyer can help u.
Ramesh
(Expert) 18 February 2013
The court while rejecting the pauper application, if it gives time to the applicant to pay the requisite court fees and the applicant pays the fees within the given time then the suit shall be deemed to have been instituted on the date on which the pauper application was presented.
M V Gupta
(Expert) 07 April 2013
The pauper application is filed along with the main suit. So the date of pauper application and the suit will be the same. In other words the date of the pauper application will be regarded as the suit date.
prabhakar singh
(Expert) 07 April 2013
phrase 'pauper' has got changed to read 'indigent'
Am i right Gupta ji?
Raj Kumar Makkad
(Expert) 07 April 2013
word is indigent now but the main thing is that one has to get permission to sue under indigent category first and then his suit moves ahead. It also means that the pauper application though is part of the file but is not a part of pleadings of the case.
prabhakar singh
(Expert) 07 April 2013
Right is Mr.Makkad! The word is not pauper but indigent.
Rest is that if indigency petition is allowed the suit would be treated to have been filed on the date of indigency petition.
In case it is finally disallowed,any fresh suit would be treated barred if limitation has passed in course of adjudication,no extension on this score.
M V Gupta
(Expert) 09 April 2013
Thanks for correcting the expression.
