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ORDER XXXIII

SUITS BY INDIGENT PERSONS

01 Indigent
Person ?
- If he is not possessed of sufficient means to
01-A Inquiry?

Inquiry whether person is indigent or not


enable him to pay the fee prescribed. will be done by chief ministerial officer
- If no fees prescribed, he is not entitled to of the court
property worth Rs. 1000
- Property acquired after presentation of
application and before decision shall be taken
into consideration

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Contents of application
1. Particulars required in regard to plaints
2. Schedule of movable or immovable
property and value thereof
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Presentation of application
1. Applicant in person
2. Authorized agent who can answer all
material question regarding application

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Examination of applicant
1. Examination regarding merits of
claim and property of applicant.
2. If presented by agent, examined
by commission

1. Where not framed and presented acc. to


Rule 2 & 3
2. Applicant is not an indigent person

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3. Within 2 months before presentation of
application disposed any property
fraudulently or for sake of application
4. Allegations don’t show cause of action Rejection of application
5. Entered into agreement with person who has
obtained interest in subject matter
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Court sees no reason to reject, fix a
Notice of day for receiving day of which at least 10 day clear
evidence of applicant’s notice given to opposite party for
hearing counter arguments
indigency

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1. Examine Witness produced or
applicant or his agent.
2. Hear arguments Procedure at hearing
3. Court shall either allow or refuse
the applicant to sue

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1. It will be numbered and registered.
Procedure if 2. Suit will proceed in manner like
ordinary suit
application accepted 3. Plaintiff shall not be liable to pay any
fees
7 day clear notice given to plaintiff, stating

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that permission granted is withdrawn
1. If he is guilty of vexatious or improper Withdrawal of
conduct permission to sue as an
2. If his means are such that he cant
continue to sue
indigent person

Court shall calculate the amount

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of court fees which plaintiff had to
pay if he had to pay if not suing as
Costs where Indigent indigent person.
person succeeds. It will be first charge on subject
matter of suit

1. Plaintiff fails in suit

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2. Permission revoked
3. Suit is withdrawn or
dismissed
Procedure where Indigent
- Court shall order plaintiff person fails.
to pay court fees
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Costs
The costs of application to sue or
inquiry into indigency shall be
costs in the suit.

18 Power of Govt. to
provide free legal
aid.

1. Subject to provisions of Order, Central or state govt. may


make supplementary provisions as it thinks fit for
providing free legal services to those permitted to sue.
2. High Court may, with previous approval of the state
govt. make rules for carrying out supplementary
provisions
3. Court shall assign a pleader to an unrepresented
indigent person.
CAN A COMPANY SUE AS AN INDIGENT
BASED ON RULE 18 PERSON UNDER ORDER XXXIII
Case laws
Thressia vs K.S.E.B Union Bank Of India vs
Khader International
Counsel for KSEB and the Government Pleader contended Held - “Therefore, the word ‘person’ has to be
that Rule 11 covers the case of part success and part failure of
given its meaning in the context in which it is
the suit, and there is absolute liability on the plaintiff to pay
court fee attributable to the suit claim disallowed. However, I do used. It refers to a person who is capable of
not think, Rule 11 applies to a case of part failure in a suit filing a suit and this being a benevolent
because the court under the said Rule has no discretion except provision, it is to be given an extended
to order the plaintiff to pay full court fee which would have been meaning. Therefore, we are of the view that a
paid by the plaintiff, had he not been permitted to sue as an public limited company, which is otherwise
indigent person. If this argument is accepted, then, in a suit filed entitled to maintain a suit as a legal person,
by an indigent person and partly disallowed, the court has
can very well maintain an application under
to order recovery of court fee from plaintiff alone which goes
against the powers of the court as contained in Section 35 CPC Order XXXIII, Rule 1 CPC. We hold that the word
read with Order XXXIII Rule 10. Therefore, I am of the view ‘person’ mentioned in Order XXXIII includes not
that Order XXXIII Rule 10 CPC applies to a case of full success of only a natural person but other juridical
the plaintiff and part success and part failure in the suit filed by persons also. The appeal is, therefore, without
indigent person and liability of court fee is to be determined only any merit and dismissed without any order as
under Rule 18 Order XXXIII CPC and it is absolutely within the to costs”
discretion of the court, to decide as to the party or parties from
whom it is to be recovered by the Government after fixing the
actual court fee payable on the plaint.
BASED ON RULE 1 BASED ON RULE 1
Rajeev Garg v. Priti Rani Case laws Mangalu Chhalar v. Maheswar
AIR 2002 P.&H 337 Bhoi AIR 1981 Orissa 153
Weavers possessing weaving materials which
In a matrimonial case Rs.75,000/- was shown to
are exempt from attachment under proviso to
be lying in fixed deposit in a bank in the name Sec.60 (1) and earning daily wages can sue as
of wife, however FDs were not in her indigent persons.
possession, but in the possession of her in-laws,
trial court allowed her to sue as indigent
person. In view of evidence on record, the trial S.Resleth v. Indian Bank AIR 1992 Ker. 359
court was not in error in accepting the plea of
In the case of a married woman permission to
the wife that she is not possessed of the means
sue as an indigent person cannot be refused
to pay court fee. Thus, the order of trial court merely because her husband is a
permitting wife to sue as an indigent person is businessperson having sufficient income to pay
proper the court fees