ORDER XXXIII SUITS BY INDIGENT PERSONS - RULE 1, 2, 3, 4, 5, 6 OF CODE OF CIVIL PROCEDURE 1908

What is the meaning of Suits may be instituted by indigent person? What Inquiry into the means of an indigent person? What is Contents of application? What is Presentation of application? What is Examination of applicants? What is Rejection of application? What is Notice of day for receiving evidence of applicant’s indigency? Rule 1, 1A, 2, 3, 4, 5 and 6 of Order XXXIII of Code of Civil Procedure 1908

Suits may be instituted by indigent person, Inquiry into the means of an indigent person, Contents of application, Presentation of application, Examination of applicants, Rejection of application and Notice of day for receiving evidence of applicant’s indigency are defined under Rule 1, 1A, 2, 3, 4, 5 and 6 of Order XXXIII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order XXXIII of Code of Civil Procedure 1908 "Suits may be instituted by indigent person"

Subject to the following provisions, any suit may be instituted by an 50indigent person.

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 III - Where the plaintiff sues 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.

Rule 1A Order XXXIII of Code of Civil Procedure 1908 "Inquiry into the means of an indigent person"

Every inquiry into the question whether or not a person is an indigent person shall be made, in the first instance, by the chief ministerial officer of the Court, unless the Court otherwise directs, and the Court may adopt the report of such officer as its own finding or may itself make an inquiry into the question.

Rule 2 Order XXXIII of Code of Civil Procedure 1908 "Contents of application"

Every application for permission to sue as an 50[indigent person] shall contain the particulars required in regard to plaints in suits : a schedule of any movable or immovable property belonging to the applicant, with the estimated value thereof, shall be annexed thereto; and it shall be signed and verified in the manner prescribed for the signing and verification of pleadings.

Rule 3 Order XXXIII of Code of Civil Procedure 1908 "Presentation of application"

Notwithstanding anything contained in these rules, the application shall be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, in which case the application may be presented by an authorized agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person :

Provided that, where there are more plaintiffs than one, it shall be sufficient if the application is presented by one of the plaintiffs.

Rule 4 Order XXXIII of Code of Civil Procedure 1908 "Examination of applicants"

(1) Where the application is in proper form and duly presented, the Court may, if it thinks fit, examine the applicant, or his agent when the applicant is allowed to appear by agent, regarding the merits of the claim and the property of the applicant.

(2) If presented by agent, Court may order applicant to be examined by commission - Where the application is presented by an agent, the Court may. if it thinks fit, order that the applicant be examined by a commission in the manner in which the examination of an absent witness may be taken.

Rule 5 Order XXXIII of Code of Civil Procedure 1908 "Rejection of application"

The Court shall reject an application for permission to sue as an indigent person -

(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or

(b) where the applicant is not an indigent person, or

(c) 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

(d) where his allegations do not show a cause of action, or

(e) 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

(f) 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

(g) where any other person has entered into an agreement with him to finance the litigation.

Rule 6 Order XXXIII of Code of Civil Procedure 1908 "Notice of day for receiving evidence of applicant’s indigency"

Where the Court sees no reason to the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten day's clear notice shall be given to the opposite party and the Government pleader) for receiving such evidence as the application may adduce in proof of his indigency, and for hearing any evidence which may be adduced in disproof thereof.

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