Suits by Indigent Persons

Suit by Indigent Persons is dealt under Order XXXIII of Code of Civil Procedure, 1908 (C.P.C.), India.

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.

  Suits by indigent person.

  1. Suits may be instituted by indigent person

1-A.     Inquiry into the means of an indigent person

  1. Contents of application
  2. Presentation of application
  3. Examination of applicant, if presented by agent, Court may order applicant to be examined by Commission
  4. Rejection of application
  5. Notice of day for receiving evidence of applicant’s indigence
  6. Procedure at hearing
  7. Procedure if application admitted
  8. Withdrawal of permission to sue as an indigent person

9-A.     Court to assign a pleader to an unrepresented indigent person

  1. Costs where indigent person succeeds
  2. Procedure where indigent person fails

11-A.   Procedure where an indigent person’s suit abates

  1. State Government may apply for payment of Court fees
  2. State Government to be deemed a party
  3. Recovery of amount of Court -fees
  4. Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature
  5. Grant of time for payment of Court -fee- 15-A
  6. Costs
  7. Defense by an indigent person.

Edited by Sayan Banerjee | Edited by Shreya Mishra.


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