ORDER XXXIII SUITS BY INDIGENT PERSONS - RULE 7, 8, 9, 10, 11, 12 OF CODE OF CIVIL PROCEDURE 1908

What is the Procedure at hearing? What is the Procedure if application admitted? What is Withdrawal of permission to sue as an indigent person? What is Costs where indigent person succeeds? What is the Procedure where Indigent person fails? What is the Procedure where indigent persons suit abates? State Government may apply for payment of court-fees Rule 7, 8, 9, 10, 11 and 12 of Order XXXIII of Code of Civil Procedure 1908

Procedure at hearing, Procedure if application admitted, Withdrawal of permission to sue as an indigent person, Costs where indigent person succeeds, Procedure where Indigent person fails, Procedure where indigent persons suit abates and State Government may apply for payment of court-fees are defined under Rule 7, 8, 9, 10, 11 and 12 of Order XXXIII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 7 Order XXXIII of Code of Civil Procedure 1908 "Procedure at hearing"

(1) On the day so fixed or as soon thereafter as may be convenient the Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make a full record of their evidence.

(1A) The examination of the witnesses under sub-rule (1) shall be confined to the matters specified in clause (b), clause (c) and clause (e) of rule 5 but the examination of the applicant or his agent may relate to any of the matters specified in rule 5.

(2) The Court shall also hear any argument which the parties may desire to offer on the question whether, on the face of the application and of the evidence (if any) taken by the Court under rule 6 or under this rule, the applicant is or is not subject to any of the prohibitions specified in rule 5.

(3) The Court shall then either allow or refuse to allow the applicant to sue as an indigent person.

Rule 8 Order XXXIII of Code of Civil Procedure 1908 "Procedure if application admitted"

Where the application is granted, it shall be numbered and registered, and shall be deemed the plaint in the suit, and the suit shall proceed in all other respects as a suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee or fees payable for service of process in respect of any petition, appointment of a pleader or other proceeding connected with the suit.

Rule 9 Order XXXIII of Code of Civil Procedure 1908 "Withdrawal of permission to sue as an indigent person"

The Court may, on the application of the defendant, or of the Government pleader, of which seven days' clear notice in writing has been given to the plaintiff, order that the permission granted to the plaintiff to sue as an indigent person be withdrawn-

(a) if he is guilty of vexatious or improper conduct in the course of the suit;

(b) if it appears that his means are such that he ought not to continue to sue as an indigent person; or

(c) 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-matter.

Rule 9A Order XXXIII of Code of Civil Procedure 1908 "Court to assign a pleader to an unrepresented indigent person"

(1) Where a person, who is permitted to sue as an indigent person, is not represented by a pleader, the Court may, if the circumstances of the case so require, assign a pleader to him.

(2) The High Court may, with the previous approval of the State Government, make rules providing for-

(a) the mode of selecting pleaders to be assigned under sub-rule (1);

(b) the facilities to be provided to such pleaders by the Court;

(c) any other matter which is required to be or may be provided by the rules for giving effect to the provisions of sub-rule (1).

Rule 10 Order XXXIII of Code of Civil Procedure 1908 "Costs where indigent person succeeds"

Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person; such amount shall be recoverable by the State Government from any party ordered by the decree to pay the same and shall be a first charge on the subject–matter of the suit.

Rule 11 Order XXXIII of Code of Civil Procedure 1908 "Procedure where Indigent person fails"

Where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismissed,-

(a) because the summons for the defendant to appear and answer has not been served upon him in consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for such service or to present copies of the plaint or concise statement, or

(b) because the plaintiff does not appear when the suit is called on for hearing, the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person.

Rule 11A Order XXXIII of Code of Civil Procedure 1908 "Procedure where indigent persons suit abates"

Where the suit abates by reason of the death of the plaintiff or of any person added as a co-plaintiff, the Court shall order that the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person shall be recoverable by the State Government from the estate of the deceased plaintiff.

Rule 12 Order XXXIII of Code of Civil Procedure 1908 "State Government may apply for payment of court-fees"

The State Government shall have the right at any time to apply to the Court to make an order for the payment of court-fees under rule 10, rule 11 or rule 11 A.

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