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.
ORDER XXXI SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND
ADMINISTRATORS
What is Representation of beneficiaries in suits concerning
property vested in trustees, etc.? What is Joinder of
trustees, executors and administrators? Is Husband of
married executrix not to join? Rule
1, 2 and 3 of Order XXXI of Code of Civil Procedure 1908
ORDER XXXII SUITS BY OR AGAINST MINORS AND
PERSONS OF UNSOUND MIND
Can Minor to sue by next friend? Where suit is
instituted without next friend, plaint to be taken
off the file? Security to be furnished by next
friend when so ordered, Should Guardian for the suit
to be appointed by Court for minor defendant? Who
may act as next friend or be appointed guardian for
the suit? Representation of minor by next friend or
guardian for the suit, Receipt by next friend or
guardian for the suit of property under decree for
minor, Agreement or compromise by next friend or
guardian for the suit, Retirement of next friend? Rule
1, 2, 3, 4, 5, 6, 7 and 8 of Order XXXII of Code of Civil Procedure 1908
What is Removal of next friend? What is Stay of
proceedings on removal, etc., of next friend? How is
the Retirement, removal or death of guardian for the
suit? What is the Course to be followed by minor
plaintiff or applicant or attaining majority? Where
minor co-plaintiff attaining majority desires to
repudiate suit? What is Unreasonable or improper
suit? Rules 1 to 14 (except rule 2A) to apply to
persons of unsound mind, Savings, Rule
9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Order XXXII of Code of Civil Procedure 1908
ORDER XXXII A SUITS RELATING TO MATTERS
CONCERNING THE FAMILY
What is Application of the Order? Are Proceedings to
be held in camera? What is the Duty of Court to make
efforts for settlement? How to get Assistance of
welfare expert? What is the Duty to inquire into
facts? What is "Family"-meaning of? Rule
1, 2, 3, 4, 5 and 6 of Order XXXII A of Code of Civil Procedure 1908
ORDER XXXIII SUITS BY INDIGENT
PERSONS
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, 2, 3, 4, 5 and 6 of Order XXXIII 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
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
ORDER XXXIV
SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY
Who are the Parties to suits for foreclosure sale and
redemption? What is Preliminary decree in foreclosure suit?
What is Final decree in foreclosure suit? What is
Preliminary decree in suit for sale? What is Final decree in
suit for sale? What is Recovery of balance due on mortgage
in suit for sale? What is Preliminary decree in redemption
suit? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XXXIV of Code of Civil Procedure 1908
What is Final decree in redemption suit? What is Recovery of
balance due on mortgage in suit for redemption? What is
Decree where nothing is found due or where mortgagee has
been overpaid, Costs of mortgagee subsequent to decree? What
is Power of Court to direct mortgagee to pay mesne profits?
What is Payment of interest? What is Sale of property
subject to prior mortgage? What is Application of proceeds?
What is Suit for sale necessary for bringing mortgaged
property to sale? What is Mortgages by the deposit of title
deeds and charges? Rule
8, 9, 10, 11, 12, 13, 14 and 15 of Order XXXIV of Code of Civil Procedure 1908
ORDER XXXV
INTERPLEADER
What is Plaint in interpleader-suit? Payment of thing
claimed into Court, What is the Procedure where defendant is
suing plaintiff? What is the Procedure at first hearing? Can
Agents and tenants may not institute interpleader suits?
What is Charge for plaintiff's costs? Rule
1, 2, 3, 4, 5 and 6 of Order XXXV of Code of Civil Procedure 1908
ORDER XXXVI
SPECIAL CASE
What is the Power to state case for Courts opinion? Where
value of subject-matter must be stated? Rule
1 and 2 of Order XXXVI of Code of Civil Procedure 1908
ORDER XXXVII
SUMMARY PROCEDURE
What are the Court and classes of suits to which the Order
is to apply? What is the process for Institution of summary
suits? What is the Procedure for the appearance of
defendant? What is the Power to set aside decree? What is
the Power to order bill, etc., to be deposited with officer
of Court? What is Recovery of cost of noting non-acceptance
of dishonoured bill or note? What is the Procedure in suits? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XXXVII of Code of Civil Procedure 1908
ORDER XXXVIII
ARREST AND ATTACHMENT BEFORE JUDGMENT
Where defendant may be called upon to furnish security for
appearance? Security, What is Procedure on application by
surety to be discharged? Procedure Where defendant fails to
furnish security or find fresh security? Rule
1, 2, 3, and 4 of Order XXXVIII of Code of Civil Procedure 1908
Where defendant may be called upon to furnish security for
production of property? Attachment where cause not shown or
security not furnished? What is the Mode of making
attachment? What is Adjudication of claim to property
attached before judgment? How is Removal of attachment when
security furnished or suit dismissed? What is Attachment
before judgment not to affect rights of strangers, nor bar
decree -holder from applying for sale? What is the meaning
Property attached before judgment not to be re-attached in
execution of decree? What are the Provisions applicable to
attachment? Is Agriculture produce not attachable before
judgment? Is Small Cause Court not to attach immovable
property? Rule
5, 6, 7, 8, 9, 10, 11, 12 and 13 of Order XXXVIII of Code of Civil Procedure 1908
ORDER XXXIX
TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
What are the Cases in which temporary injunction may be
granted? What is Injunction to restrain repetition or
continuance of breach, Consequence of disobedience or breach
of injunction, Before granting injunction? Is Court to
direct notice to opposite party? Is Court to dispose of
application for injunction within thirty days? Can Order for
injunction may he discharged, varied or set aside? Is
Injunction to corporation binding on its officer? Rule
1, 2, 2A, 3, 3A, 4 and 5 of Order XXIX of Code of Civil Procedure 1908
What is the Power to order interim sale? What is Detention
preservation, inspection, etc., of subject-matter of suit?
What is the meaning of Application for such orders to be
after notice? When party may be put in immediate possession
of land the subject-matter of suit? What is Deposit of
money, etc. in Court? Rule
6, 7, 8, 9 and 10 of Order XXIX of Code of Civil Procedure 1908
ORDER XL
APPOINTMENT OF RECEIVERS
What is the process of Appointment of receivers?
Remuneration, Duties, How to do Enforcement of receiver's
duties? When Collector may be appointed receiver? Rule
1, 2, 3, 4 and 5 of Order XL of Code of Civil Procedure 1908
