ASSIGNMENT ON

“ORDER 33- SUITS BY INDIGENT PERSON”

Submitted By:
Tushar Gund (L40218008)
B.COM, LLB

Under the Guidance of:

Mr. Bhupinder Sir.
Department of LAW

NOVEMBER, 2022

Department of Law,
PDM University, Bahadurgarh,
Haryana-124507.
 Suits by Indigent Person
Order 33 of the Civil Procedure Code talks about suits by indigent
persons.
Section 304 of Criminal Procedure Code, and Article 39A of the Indian
Constitution respectively mention, legal aid to accused at state expense
in certain cases, and equal justice and free legal aid.

Who is an Indigent Person?

Indigent means poor, penniless, pauper. A person is an indigent person
who is not having sufficient means to pay the fee for the plaint or where
no such fee is prescribed, he is not entitled to property worth rupees
1,000.
Order 33 of the Civil Procedure Code provides remedy to those who
need to institute a suit for the enforcement of their rights but are so poor
that they cannot afford expenses on court fees etc. The object behind
this order is that poverty should not come in the way of getting justice. 

Application for Permission to Sue as

Indigent
A person may sue as an indigent person only when the court so permits
him. When the application is made for permission to sue as an indigent
person, every inquiry shall be made in the first instance.
An application for permission to sue as an indigent person shall contain
the following particulars-
1. Particulars received in regard to plaint in a suit.
2. List of movable/immovable property belonging to the applicant with
the estimated value.
3. Signature and Verification.
 Presentation of Application
The application shall be presented to the court by the applicant in person
(not by any third party), but if he is exempted from personal appearance,
an application may be presented by an authorised agent. But the agent
must be able to answer the questions regarding the application.

Examination of Applicant
Where the application is in proper form and duly presented, the court
may examine the applicant or his agent regarding the merits of the
claims and property of the applicant.
To sue as an indigent person, 7 days before notice in writing shall be
given to the defendant. The court shall decide a date for adducing
evidence in support of the application. After the satisfaction of the
court, it shall be deemed the plaint in the suit, and the suit shall proceed
as a suit instituted in an ordinary manner.

Who may Appeal as an Indigent Person?

Order 44 of the Civil Procedure Code talks about appeals by indigent
persons.
Any person who is entitled to file an appeal but unable to pay the
necessary court fee may obtain the permission of the court to appeal as
an indigent person.
For this purpose, he may present an application to the court, along with
a memorandum of appeal. The court may allow the applicant to appeal
as an indigent person, subject to the provisions relating to suits by
indigent persons.
 Period of Limitation
The application for leave to appeal as an indigent person must be filed
within 30 days. But in case of appeal before the High Court, such a
period is 60 days from the date of the decree when passed.
If there is no reason to reject the application, the court shall fix a day for
receiving evidence in proof or disproof of the indigence of the applicant.
At least 10 days clear notice shall be given to the opposite party and the
government pleader.

Procedure to Sue as an Indigent Person if

Application is Admitted
Where the application for permission to sue as an indigent person is
granted, it shall be numbered and registered. It shall be deemed the
plaint in the suit, and the suit shall proceed as if it was instituted in an
ordinary manner.
But the plaintiff shall not be liable to pay any court fee or process fee.
The plaintiff shall also not be liable for any fee for the appointment of a
pleader.
If a person has been allowed to sue as an indigent person, but he is not
represented by a pleader, the court may assign a pleader to him.

Withdrawal of Permission to Sue as an

Indigent Person
The defendant or government pleader may apply to the court for the
withdrawal of permission granted to the plaintiff.
 Rejection of Application
The Court shall reject an application for permission to sue as an indigent
person-
1. Where it is not framed and presented in the manner prescribed by rule
2 and rule 3, or
2. Where the applicant is not an indigent person, or
3. Where he has, within two months next before the presentation of the
application disposed of any property fraudulently or in order to be able
to apply for permission to sue as an indigent person:
Provided that no application shall be rejected if, even after the value of
the property disposed of by the applicant is taken into account, the
applicant would be entitled to sue as an indigent person, or
4. Where his allegations do not show a cause of action, or
5. Where he has entered into any agreement with reference to the
subject matter of the proposed suit under which any other person has
obtained an interest in such subject matter, or
6. Where the allegations made by the applicant in the application show
that the suit would be barred by any law for the time being in force, or
7. Where any other person has entered into an agreement with him to
finance the litigation.