ORDER 33 OF CPC - SUITS BY INDIGENT PERSON

SUITS BY INDIGENT PERSON

ORDER 33

As per the Court Fees Act, the plaintiff is bound to pay court fees at the time of submission of the plaint. This is the General Rule for the Implementation of a suit. 

Order 33 of the Civil Procedure Code acts as an exception to this rule. An Indigent Person who files a plaint need not pay the court fees during the initiation of the suit.

An Indigent Person is also called as 'Forma Pauperis' meaning- 'in the manner of a pauper'. Such person need not pay the court fees during submission of the plaint.

WHO IS AN INDIGENT PERSON

A person with no sufficient means to pay for the court fees and a person with a bad personal economic condition is called as an Indigent Person.

Such a person can be exempted from paying court fees after filing an application to the court. Whether the person can file the suit as an Indigent Person is at the discretion of the court.

RULE 1

(a) The person does not possess any other property other than the property related to the subject matter of the suit.

(b) Where no fee is prescribed, he does not have any property worth more than a thousand rupees other than the property related to the subject matter of the suit.

RULE 2 AND RULE 3

An application indicating that he is an Indigent Person is filed before the court. The court decides whether he is an indigent person based on the means possessed by him. If there are more than one plaintiff, it is sufficient if the application is submitted by any one of them.

The contents of the Application must include:

• Particulars of the plaint
• Schedule of their movable and immovable property
• Signed and verified as in Order 4

RULE 1-A

Inquiry of Indigent Person is done by the chief ministerial office of the court. The court has the power to inquire upon the Indigent Person before accepting his/her application.

The application is submitted to the court in proper form and duly represented. It is examined by the court based on the merits of the claim and the property of the applicant. 

The court may examine the applicant or his agent. regarding his property. If only the agent is present in court, the court may order commission to examine the applicant in the manner of examination of absent witness. Based on the examination and inquiry the court may accept or reject the application.

RULE 5 - REJECTION OF APPLICATION

The court may reject the application if

• The application is not as per Rule 2 and Rule 3
• If the applicant is not an Indigent person
• The applicant has sold his property 2 months before filing of the application but it may not be rejected if the sold property's value is so low that even if it is considered, he/she would still be an Indigent person.
• No cause of action present
• The suit is barred by any law
• If any other person has agreed to finance the litigation

The court gives 10 days prior notice and an opportunity to the applicant to produce evidence before rejection of the application.

The court has the power to examine such witnesses produced. Whether to allow the applicant to sue as an Indigent person is the discretion of the court.

RULE 10

If the Indigent person succeeds in the suit filed, he/she must pay the costs of court fees. The amount payable as court fees is recoverable by the State Government.

RULE 11

If the Indigent person fails in the suit filed, the court would still order for the payment of court fees.

RULE 11 A

If the suit abates by reason of death of plaintiff or co-plaintiff, the court fees is recoverable by the State Government from the estate of the deceased plaintiff. 

RULE 12 AND RULE 13

The State Government has a right to recover the court fees and therefore, it shall be deemed to be a party to the suit.

RULE 15

If the application filed by the plaintiff to file case as an Indigent person is rejected, subsequent application cannot be filed.

RULE 17

Defendant can also file application as Indigent person in situations like filing set off or counterclaim. Government may make provisions for free legal aid.