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Anand Reddy (BUSINESS)     12 February 2017

Unable to afford the costs of litigation

Dear Sirs,

I have filed a Petition in Bombay High Court in the year 2011.

I have exhausted all my financial resources in fighting this case over the past 6 years. My close friend who is aware of all the details of the case has offered to make a one time lumpsum payment to me and step into my shoes and carry on with the litigation started by me as he finds merit in my case and he has agreed to bear all the future costs hereinafter to secure the petition property.

Qes. 1) Is this permitted in law?

Qes. 2) If permitted, What should be the instrument/document that needs to be executed between me and my friend and Registered before the Sub Registrar?

Qes. 3) What is the formal procedure that has to be complied with and adopted before the High Court?
 

 



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 6 Replies

Ms.Usha Kapoor (CEO)     12 February 2017

Try fdiling apauper suit o r sauit by an indigen tperson u/order 33.of CPC

Suits may be instituted by in by indigent person.

Subject to the following provisions, any suit may be instituted by 1[an indigent person]

2[Explanation I—A person is an indigent person,—

(a) if he is not 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.

Explanation II—Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.

Explanation II—Where the plaintiff sued in a representative capacity, the question whether he is an indigent person shall be determined with reference to the means possessed by him in such capacity.]

Dr. Atul [9013898936] (Lawyer, Scholar)     12 February 2017

A Power of Attorney authorises a person to represent another in legal proceedings within the framework set out in the instrument of PoA; it has nothing to do with the Attorney holder bearing expenses for pursuing a remedy, nor does it create any personal interest in favour of the Attorney ('stepping into shoes' as you put it); he is merely authorised to act an 'agent' binding the executor of the PoA.

What you are stating, on the other hand, sounds much more than a mere authority to represent; rather what is properly a transfer of an actionable claim within the meaning of Section 130 of the Transfer of Property Act. Under that provision, a person having a claim towards a debt or interest in movable property may transfer it, with or without consideration, towards another under an instrument in writing and the claims are thus transferred. The law is not all that crystal clear in chose-in-action or transfer of actionable claims and you may consider instead pursuing your matter with loan from this friend rather than transfer the actionable claim. If that does not work for you, feel free to get back here.

There might be some दल्ला type peepuls coming soon to guide you on boot licking practises, without knowing an iota about the fundamentals or underlying theory of law (failed peepuls did not get a chance to go to law school); enjoy their discourse; even though won't be useful it'd be composed of amusing monkey tricks.

G.L.N. Prasad (Retired employee.)     12 February 2017

If there are no alternates, may be an agreement to sell works, consideration being the costs of legal expenses and other amount.

Anand Reddy (BUSINESS)     12 February 2017

Dear Mr. Atul,

Thanks for your valuable advice. You have hit the nail on its head in understanding my problem.

I think that what I am considering may fall into what you have mentioned as "a transfer of an actionable claim within the meaning of Section 130 of the Transfer of Property Act".

Sir, can you guide me as to what type of document needs to be got drafted from an advocate and thereafter registered with the Sub Registrar?

Thanks for your guidance.

 

Dr. Atul [9013898936] (Lawyer, Scholar)     12 February 2017

Well Anand, assignment of rights under a contract or transfer of an actionable claim is no straightforward matter on which I can guide you with the extermely limited exchange of information possible online. In the very least, it'd need detailed information on the nature of your claim and whether it qualifies as an actionable claim at all; for that matter I don't even know whether your intetest is in tangible or intangible property!

Suffice it to say that law does not bar transfer of an actionable claim of a plaintiff during the pendency of a Suit and the transferree can pursue such Suit after being impleaded to the proceedings. You may refer to Indu Kakkar v. Haryana State Industrial Development Corpn. AIR 1999 SC 296 for a some basic guidance.

I'd suggest you contact the lawyer who is already handling your case as he should be in the best position to understand the facts and how rights and liabilities in the actionable claim have to be apportioned between you and your friend, as also the extent to which your presence would remain necessary for rest of the proceedings, even if not as a Plaintiff then as a witness perhaps.

Dr. Atul [9013898936] (Lawyer, Scholar)     13 February 2017

Goodness gracious great balls of fire....from power of attormey to pauperism ... surprise ... great edit job


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