Order XXXIII of the Code of Civil Procedure, 1908, facilitates access to justice for individuals unable to afford court fees by allowing them to file suits as indigent persons. This provision ensures that financial constraints do not impede one’s right to legal recourse.

DEFINITION OF INDIGENT PERSON

An indigent person, as per Explanation I to Rule 1 of Order XXXIII, is someone who:

• Is not possessed of sufficient means (excluding property exempt from attachment and the subject matter of the suit) to pay the prescribed court fee.

• Is not entitled to property worth one thousand rupees other than the property exempt from attachment and the subject matter of the suit.

The Supreme Court, in Union Bank of India v. Khader International Construction, AIR 2001 SC 2277, clarified that an indigent person is one who lacks sufficient means to pay the requisite court fee.

PROCEDURE FOR FILING SUITS AS AN INDIGENT PERSON

The procedure under Order XXXIII involves several steps:

1. Application (Rule 2): The applicant must submit an application containing particulars required in a plaint, along with a schedule of movable and immovable property.

2. Presentation (Rule 3): The application should be presented by the applicant in person unless exempted, in which case an authorized agent may present it.

3. Examination (Rule 4): The court examines the applicant regarding the merits of the claim and indigency.

4. Rejection (Rule 5): The court shall reject the application if:

   • It is not framed and presented as prescribed.
   • The applicant is not an indigent person.
   • The allegations do not show a cause of action.
   • The suit appears to be barred by law.

5. Inquiry (Rule 1-A): An inquiry into the applicant’s indigency is conducted, usually by the chief ministerial officer, unless the court directs otherwise.

6. Notice (Rule 6): Notice is issued to the opposite party and the government pleader to contest the claim of indigency.

7. Hearing (Rule 7): The court conducts a hearing to decide on granting or refusing permission to sue as an indigent person.

RIGHTS AND LIABILITIES OF AN INDIGENT PERSON

Once permitted to sue as an indigent person:

• Rights:

  • Exemption from paying court fees at the initial stage.
  • Assignment of a pleader if unrepresented, as per Rule 9A.

• Liabilities:

  • If the suit is successful, the court calculates the court fees and recovers it from the party as ordered.
  • If the suit fails, the court fees become payable by the plaintiff and are recoverable as per Rule 11.

REVOCATION OF PERMISSION

The court may revoke permission granted to sue as an indigent person if:

• The plaintiff is found guilty of vexatious or improper conduct.
• The plaintiff’s financial status improves, enabling payment of court fees.
• The plaintiff has entered into an agreement where another person has obtained an interest in the subject matter of the suit.

APPEALS BY INDIGENT PERSONS

Order XLIV of the CPC deals with appeals by indigent persons, allowing them to appeal without paying court fees, subject to conditions similar to those in Order XXXIII.

CASE LAWS

• M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: The Supreme Court held that provisions relating to addition of parties and consequences of non-appearance apply to proceedings under Order XXXIII.

• Smt. Lakshmi v. Vijaya Bank, AIR 2010 SC 488: It was held that the right to sue as an indigent person is a personal right, and the proceedings terminate upon the death of the person, unless the legal representatives are permitted to continue as indigent persons.

CONCLUSION

Order XXXIII of the CPC embodies the principle of equal access to justice, ensuring that individuals are not deprived of legal remedies due to financial incapacity. By outlining a clear procedure and defining the rights and liabilities of indigent persons, it upholds the constitutional mandate of providing justice to all citizens, irrespective of their economic status.