ORDER XXXIII SUITS BY INDIGENT PERSONS - RULE 13, 14, 15, 16, 17, 18 OF CODE OF CIVIL PROCEDURE 1908

State Government to be deemed a party? How to do Recovery of amount of court-fees? What is Refusal to allow applicant to sue as indigent person to bar subsequent application of like nature? What is Grant of time for payment of court-fee? Costs, How to Defence by an indigent person? What is the Power of Government to provide for free legal services to indigent person? Rule 13, 14, 15, 16, 17 and 18 of Order XXXIII of Code of Civil Procedure 1908

State Government to be deemed a party, Recovery of amount of court-fees, Refusal to allow applicant to sue as indigent person to bar subsequent application of like nature, Grant of time for payment of court-fee, Costs, Defence by an indigent person and Power of Government to provide for free legal services to indigent person are defined under Rule 13, 14, 15, 16, 17 and 18 of Order XXXIII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 13 Order XXXIII of Code of Civil Procedure 1908 "State Government to be deemed a party"

All matters arising between the State Government and any party to the suit under rule 10, rule 11, rule 11 A or rule 12 shall be deemed to be questions arising between the parties to the suit within the meaning of section 47.

Rule 14 Order XXXIII of Code of Civil Procedure 1908 "Recovery of amount of court-fees"

Where an order is made under rule 10, rule 11 or rule 11A, the court shall forthwith cause a copy of the decree or order to be forwarded to the Collector who may, without prejudice to any other mode of recovery, recover the amount of court-fees specified therein from the person or property liable for the payment as if it were an arrear of land revenue.

Rule 15 Order XXXIII of Code of Civil Procedure 1908 "Refusal to allow applicant to sue as indigent person to bar subsequent application of like nature"

An order refusing to allow the applicant to sue as an indigent person shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right; Provided that the plaint shall be rejected if he does not pay, either at the time of the institution of the suit or within such time thereafter as the Court may allow, the costs (if any) incurred by the State Government and by the opposite party in opposing his application for leave to sue as an indigent person.

Rule 15A Order XXXIII of Code of Civil Procedure 1908 "Grant of time for payment of court-fee"

Nothing contained in rule 5, rule 7 or rule 15 shall prevent a Court, while rejecting an application under rule 5 or refusing an application under rule 7, from granting time to the applicant to pay the requisite court-fee within such time as may be fixed by the Court or extended by it from time to time, and upon such payment and on payment of the costs referred to in rule 15 within that time, the suit shall be deemed to have been instituted on the date on which the application for permission to sue as an indigent person was presented.

Rule 16 Order XXXIII of Code of Civil Procedure 1908 "Costs"

The costs of an application for permission to sue as an indigent person and of an inquiry into indigency shall be costs in the suit.

Rule 17 Order XXXIII of Code of Civil Procedure 1908 "Defence by an indigent person"

Any defendant, who desire to plead a set-off or counter-claim, may be allowed to set up such claim as an indigent person, and the rules contained in this Order shall so far as may be, apply to him as if he were a plaintiff and his written statement were a plaint.

Rule 18 Order XXXIII of Code of Civil Procedure 1908 "Power of Government to provide for free legal services to indigent person"

(1) Subject to the provisions of this Order, the Central or State Government may make such supplementary provisions as it thinks fit for providing free legal services to those who have been permitted to sue as indigent persons.

(2) The High Court may, with the previous approval of the State Government, make rules for carrying out the supplementary provisions made by the Central or State Government for providing free legal services to indigent persons referred to in sub-rule (1), and such rules may include the nature and extent of such legal services, the conditions under which they may be made available, the matters in respect of which, and the agencies through which, such services may be rendered.

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