Indigent Person

Introduction

• The term ‘indigent person’ means a person who is suffering from extreme poverty.
• Rule 1 of Order XXXIII of Code of Civil Procedure, 1908 (CPC) defines an indigent person as “A person is an indigent person if he is not possessed of sufficient means to him to pay the fee prescribed by law”.
• Where no such fee is prescribed, he is not entitled to property worth one thousand rupees.

Object

• Order XXXIII has been enacted to serve a triple purpose, which includes
  • to protect bona fide claims of an indigent person
  • to safeguard interest of revenue
  • to protect defendant from harassment

Constituents of Order XXXIII

• Application for Permission: Any indigent person can apply under Rule 1 of XXXIII of CPC, 1908 to the court for permission to sue or defend his/her case without bearing the financial burden of legal proceedings.
• Inquiry of the Application: As per Rule 1A of Order XXXIII, every application shall be inquired in the first instance by chief ministerial officer of the court.
• Contents of application: Every application for permission to sue as an indigent person shall contain the particulars required in regard to plaints in suits.

Major Rules of Order XXXIII

• Rejection of Application: Rule 5
  • The Court shall reject an application for permission to sue as an indigent person -
    • where it is not framed and presented in the manner prescribed manner
    • where the applicant is not an indigent person
    • 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 use as an indigent person
    • where his allegations do not show a cause of action
    • 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
    • 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,
    • where any other person has entered into an agreement with him to finance the litigation.
• Where Permission is granted: Rules 8-9A
  • Where an application to sue as an indigent person is granted, it shall be deemed to be a plaint in the suit and shall proceed in the ordinary manner.
  • The Court may assign a pleader to an indigent person if he is not represented by a pleader.
• Where permission is rejected: Rule 15
  • An order refusing to allow the applicant to sue as an indigent person shall be bar to a subsequent similar application.
  • The applicant shall be at liberty to institute a suit in the ordinary manner in respect of such a right.
• Withdrawal of permission to sue as an indigent person: Rule 9
  • The Court may, on the application by the defendant or by the government Pleader order that the permission granted to the plaintiff to sue as an indigent person be withdrawn in the following cases:
    • Where he is guilty of vexatious or improper conduct in the course of the suit
    • Where his means are such that he ought not to continue to sue as an indigent person
    • Where he has entered into an agreement under which another person has obtained an interest in the subject- matter of the suit
• Recovery of Court Fees and Costs: Rule 10-11
  • Where an indigent person succeeds – where an indigent person succeeds in the suit, the court shall calculate the amount of court fees and costs and recover from the party as ordered by the court.
  • Where an indigent person fails – where an indigent person fails or the suit abates, the court shall order him to pay court fees and costs.
• Right of State Government: Rule 12-13
  • The State government has the right to recover court fees. For that purpose, it is deemed to be a party to the suit.
• Defence by an Indigent Person: Rule 17
  • Any defendant who desires to plead a set-off or counterclaim may be allowed to set up such claim as an indigent person.

Appeals by Indigent Person: Order 43-44

• An order rejecting an application to sue as an indigent person is appealable under Order 43 Rule 1.
• A person who cannot pay the court fees for a memorandum of appeal can apply to appeal as an indigent person under Order 44 Rule 1.

Case Laws

• M. L. Sethi v. R. P. Kapur (1972)
  • In this case the Supreme Court held that the provision of Order 1 Rule 10 relating to addition of parties and Order 9 dealing with the appearance and consequences of non-appearance would apply to proceedings under Order XXXIII of the CPC.
• Union Bank of India v. Khader International Construction (2001)
  • In this case the Supreme Court held that Order XXXIII is an enabling provision that allows the indigent person to file a suit without paying the court fee at the initial stage.
  • If the suit is dismissed, then the State would take steps to recover the court fee payable by the plaintiff and this court fee shall be the first charge on the subject- matter of the suit.
• Smt. Lakshmi v. Vijaya Bank (2010)
  • In this case it was held that the right to sue as an indigent person is a personal right and the entire proceedings come to an end when the person dies.
  • Later, the High Court granted the application filed by the legal representative of the deceased and allowed them to file the petition as an indigent person.

Conclusion

Order 33 of the CPC stands as a testament to the commitment of the Indian legal system to uphold the principles of equality and justice. By providing a mechanism for indigent persons to file suits without paying court fees, the provision ensures that economic constraints do not deprive anyone of their right to seek legal remedies. While there are challenges associated with its implementation, Order 33 remains a vital tool in promoting access to justice for all segments of society.