SUITS BY INDIGENT PERSON

NAME : MYTHILI. D

REG.NO : HB16083

CLASS : B.COM LLB (HONS)

YEAR : V YEAR

SECTION : ‘B’

SUBJECT : CIVIL PROCEDURE CODE

1
 TABLE OF CONTENTS

SL.NO CONTENTS Pg.NO

1 INTRODUCTION 4

2 DEFINITION OF INDIGENT PERSON 4

3 OBJECT 5

4 PROCEDURE 5

5 REVOCATION OF PERMISSION 9

6 RECOVERY OF COURT FEES AND COSTS 10

7 CONCLUSION 10

8 REFERENCE 11

2
 TABLE OF CASES

1. A. A. HajaMuniuddin v. Indian Railways, (1992) 4 SCC 736……………….. 5

2. Ananga Bhusan v. Ghanashyam, AIR 1951………………………………………. 10

3. Manglu Chattar v. Maheshwar Bhoi, AIR 1981 Ori 153……………………… 7

4. RL Nathan v PK Oiha, AIR 1976 Pat 127…………………………………………… 7

5. Union bank of India v. Khader International Construction,

(2001) 5 SCC 22……………………………………………………………………………… 5

6. Venkatasubbaiah v. Thirupathiah, AIR 1955 AP 165: 1955 ALT 198….. 5

3
 SUITS BY INDIGENT PERSONS

INTRODUCTION:
The code of civil procedure, 1980 provides for the procedures to be
followed in the process of enforcement of rights and liabilities. For the purpose
of procedures it can be divided into two namely, 1) suits in general cases 2)
suits in particular cases. Section 79 to 93 and order 27 to 37 deals with suits in
particular cases. Order 33 provides the procedures for filing of suits by indigent
person. Generally the person who files a case are bound to pay court fees
mentioned under Court Fees Act, but under this order indigent persons are
exempted from paying the court fees at the first instance. The order provides
for certain conditions which should be satisfied for filing of suit as indigent
person.

WHO IS AN INDIGENT PERSON?

Generally, indigent means very poor, needy, poverty -stricken. Simply
indigent person means a person having no money or anything else of value.
The word indigent person was substituted by Act 104 of 1976 for the word
pauper. Explanation I of Rule 1 of the order defines indigent person as a person
who does not possessed of sufficient means to pay the fee prescribed by law or
person who is not entitled to property worth one thousand rupees if no such
fee is prescribed.

Here the property excludes the property which is attached in execution

of decree and the subject matter of the suit1 and the property which acquired
by a person after filing of his application to sue as an indigent person and
before the decision of such application will be taken into consideration to
decide whether the person can sue as an indigent person 2. Not only natural
person but also a Juristic person can avail the application under order 33. This

1
The code of civil procedure,1908(Act 05 of 1908), Or.33, R.1, Expln. I
2
The code of civil procedure,1908(Act 05 of 1908), Or.33, R.1, Expln. II

4
was stated in a landmark case Union Bank of India v. Khader International
Construction3.

OBJECT:
The order has been enacted to serve a triple purpose namely,

1) To protect bona fide claims of an indigent person.

2) To safeguard interest of revenue.
3) To protect defendant from harassment.4

A. A. HajaMuniuddin v. Indian Railways5, in this case the court has observed

that access to justice cannot be denied to an individual merely because he
does not have the means to pay the prescribed fee.

PROCEDURE:

PRESENATION OF APPLICATION

INQUIRY AND EXAMINATION

REJECTION OF APPLICATION NOTICE OF DAY FOR

RECEIVING EVIDENCCE

HEARING

WHEN PERMISSION REJECTED WHEN PERMISSION GRANTED

BAR TO SUBSEQUENT APPLICATION ADMISSION

TIME FOR PAYMENT OF ASSIGNING A PLEADER

COURT FEE

3
Union bank of India v. Khader International Construction, (2001) 5 SCC 22.
4
Venkatasubbaiah v. thirupathiah, AIR1955 AP 165: 1955 ALT 198.
5
A. A. HajaMuniuddin v. Indian Railways, (1992) 4 SCC 736.

5
PRESENTATION OF APPLICATION: (RULE 3 OF ORDER 33)
An application for permission to sue as an indigent person containing
the following,

- The particulars required in regard to plaints in suits

- A schedule containing any movable and immovable property
belonging to the applicant with the estimated value of the property
should be annexed with the application.
- And it should be duly signed and verified by the applicant in the
manner prescribed for the signing and verification of pleadings (Rule
14 and 15 of Order 6).6

should be presented by the applicant himself in the court, if the applicant is

exempted from appearing in the court then an authorized agent who can
answer all the questions relating to the application can present the application
in the court. In case of more than one plaintiff any one of the plaintiff can
present the application in the court.

INQUIRY: (RULE 1-A)

Inquiry is the first step after the presentation of application. An inquiry
into the means of the applicant should be made at the first instance by the
chief ministerial officer of the court and he should submit a report to the court.
The court may adopt the report submitted by such officer or may make an
inquiry on its own and decided accordingly.

EXAMINATION OF APPLICANT: (Rule 4 of Order 33)

After verifying the application submitted by the applicant is in proper
form and duly presented according to Rule 2 and 3 of Order 33, the court if it
thinks necessary may examine the applicant or his agent regarding,

1) The merits of the claim.

2) And the property of the applicant.7

If the application is presented by agent, if the court thinks fit may ask the
commission to examine the applicant in a manner in which an absent witness
6
The code of civil procedure, 1908 (Act 05 of 1908), Or.33, R.2
7
The code of civil procedure, 1908 (Act 05 of 1908), Or.33, R.4(1)

6
will be examined8. Manglu Chattar v. Maheshwar Bhoi 9, in this case the
appellant possessed of weaving tools and materials, they are all weavers and
their weaving materials consist of tools of artisans and they get daily wages.
The court held that these properties and their daily wages are not to be taken
into consideration to find out whether they will be able to pay the court fee.
On the aforesaid analysis, the court held that the appellants can sue as
indigent persons.

REJECTION OF APPLICATION: (Rule 5 of Order 33)

After the examination of applicant the court can either reject or accept
the application for permission to sue as an indigent person. It is the discretion
of the court which it deems fit either to accept or reject the application 10. The
grounds in which the application can be rejected are given under rule 5 of
order 33. The following are the grounds in which the court can reject an
application for permission to sue as an indigent person.

1) When the application presented does not contain the requisites

mentioned under rule 2.
2) When the application was not presented in the manner prescribed
under rule 3.
3) If the applicant disposed any of his property fraudulently or to sue as an
indigent person within two months before the date of presentation of
application. (this clause is not applicable if the applicant is still entitled to
sue as an indigent person even after taking into consideration property
disposed by the applicant)
4) If there is no cause of action in his allegation.
5) When any other person has obtained an interest over the subject matter
of the suit by way of agreement with the applicant.
6) If the proposed suit is barred by any law for time being in force.
7) If any other person has agreed to finance the litigation.

NOTICE OF DAY FOR RECEIVING EVIDENCE: (RULE 6 OF ORDER

33)

8
The code of civil procedure, 1908 (Act 05 of 1908), Or.33, R.4(2)
9
Manglu Chattar v. Maheshwar Bhoi, AIR 1981 Ori 153
10
RL Nathan v PK Ojha, AIR 1976 Pat 127

7
 If the court sees that there is no reason to reject the application on the
grounds mentioned under Rule 5, then the court shall fix a day and notice of
such shall be given to the opposite party and to the government pleader at
least 10 days before of the fixed date, for receiving evidence as the applicant
may adduce in proof of his indigency or in disproof thereof by the opposite
party or by the Government Pleader.

HEARING: (RULE 7 OF ORDER 33)

On the fixed date the court may examine the witness (if any) relating to
the matters mentioned under clause (b), (c) and (e) of rule 5. The court may
also examine the applicant or his agent relating to any of the matters
mentioned under rule 5. The court shall also hear any arguments by the
parties. After hearing all the matters the court shall either allow or refuse to
allow the applicant to sue as an indigent person.11

ADMISSION OF APPLICATION: (RULE 8 OF ORDER 33)

If the court grants permission to sue as an indigent person, the
application should be numbered and registered and it should be considered as
a plaint in the suit. Then the suit by an indigent person will proceed in the
ordinary manner just like any other suits. The difference will be that the
plaintiff is not liable to pay any court fees.

ASSIGNING A PLEADER TO UNREPRESENTED INDIGENT

PERSON: (RULE 9A OF ORDER 33)
If the indigent person is no represented by a pleader and the court, if it
thinks that the circumstances of the case require a pleader then the court may
assign a pleader to the indigent person who is not represented.12 After this the
case will proceeded in an ordinary manner like other suits and the case will be
decided.

BAR TO SUBSEQUENT APPLICATION: (RULE 15 OF ORDER33)

Once the court rejects the application to sue as an indigent person, then
such rejection shall act as a bar to present any subsequent similar application.
11
The code of civil procedure, 1908 (Act 05 of 1908),Or.33, R.7(3).
12
The code of civil procedure, 1908 (Act 05 of 1908), Or.33, R.9A(1).

8
However the applicant can sue in an ordinary manner, by paying the costs
incurred by state government and the opposite party in opposing his
application at the time of the institution of such suit or within the time the
court allowed. If such costs are not paid then the court shall reject the plaint.

GRANT TIME FOR PAYMENT OF COURT FEE: (RULE 15A OF

ORDER 33)
Rule 15 A gives power to the court to grant further time to the applicant
for the payment of court fee. On payment of court fees and the costs referred
in rule 15 within the given time, it is considered that the suit is instituted from
the date of the presentation of application for permission to sue as an indigent
person.

REVOCATION OF PERMISSION: (RULE 9 OF ORDER 33)

The permission granted by the court to the applicant to sue as an
indigent person can be withdrawn by the court on the application either by the
defendant or by the government pleader. But it is not compulsory for the court
to revoke permission on such application, it is the discretion of the court to
dispauper the plaintiff or not. If the court decides to withdraw the permission
granted then a notice containing the order that the permission granted to the
plaintiff to sue as an indigent person be withdrawn should be given to the
plaintiff before seven days of such withdrawal. The permission can be
withdrawn in the following cases,

1) If he is guilty of vexatious or improper conduct in the course of the suit.

2) If it appears that his means are such that he ought not to continue to sue
as an indigent person.
3) If he has entered into any agreement with reference to the subject
matter of the suit under which any other person has obtained an
interest in such subject matter13.

If the permission granted was withdrawn by the court under the conditions
mentioned under rule 9 then the court shall order the plaintiff to pay the court

13
The code of civil procedure,1908 (Act 05 of 1908), Or.33, R.9

9
fees which he would have been paid if permission to sue as an indigent person
was granted to him14.

RECOVERY OF COURT FEES AND COSTS:

The costs of the application for permission to sue as an indigent person
and the costs incurred in the process of inquiry into the indigency of the
applicant are the costs in the suit15Where the indigent person succeeds: the
court will calculate the amount of court fees as if the suit is instituted in an
ordinary manner and such amount is recoverable by the state government
from any party ordered by the court.16 This rule applies only when the suit is
permitted to be instituted in forma pauperis.17Where the indigent person fails:
the court will order the plaintiff to pay the court fees which the applicant
would be paid if permission to sue as an indigent person was not
granted.18Where the suit abates: because of death of the plaintiff or of any
other reason the court will recover the court fees from the estate of the
deceased person19.

CONCLUSION:
It is necessary for the government to charge people for filing a case in a
court to avoid unnecessary cases and to prevent them from wasting the court’s
time. But India is a country where there are more middle class and poor people
than that of a rich people so paying the court fee is a big deal for those people
who are working for daily wages and full filling their basic necessity. Order 33
provides a way for those people who are in need, to get justice by way of
exempting them from paying the court fees. The court makes necessary
inquiries and examination to decide a person’s indigency and gives permission
to sue as an indigent person. Order 33 has so much important which provides
justice for poor people.

REFERENCE:

14
The code of civil procedure,1908 (Act 05 of 1908), Or.33, R.11
15
The code of civil procedure, 1908 (Act 05 of 1908), Or.33, R.16
16
The code of civil procedure, 1908 (Act 05 of 1908), Or.33, R.10
17
AnangaBhusan v. Ghanashyam AIR 1951
18
The code of civil procedure, 1908 (Act 05 of 1908), Or.33, R.11
19
The code of civil procedure, 1908 (Act 05 of 1908), Or.33, R.11A

10
1) C.K. Takwani, Civil Procedure, Eastern Book Company, Lucknow,
Eighth Edition,2017.
2) https://lawtimesjournal.in/suits-by-indigent-persons-interpleader-
suits/ (last visited on Sep 19, 2020)
3) http://www.legalservicesindia.com/article/1279/Suits-by-indigent-
person.html (last visited on Sep 19, 2020)
4) https://www.ijlmh.com/wp-content/uploads/2019/03/Order-
XXXIII-CPC-%E2%80%98Suits-By-Indigent-Persons
%E2%80%99.pdf
5) https://ijrar.com/upload_issue/ijrar_issue_540.pdf
6) http://www.legalserviceindia.com/legal/article-2210-legal-aid-
under-the-code-of-civil-procedure-1908-an-analysis-of-suits-by-
indigent-persons.html

11