Title: Order XXXIII: Suits by Indigent Persons under Code of Civil Procedure, 1908

Subtitle: Ensuring access to justice for all

Presented by: SMRITI CHOUDHARY CUSB2213125110

Introduction
The dictionary meaning of the word ‗indigent person‘ refers to a person who is suffering
from extreme poverty, impoverishment, or one who lacks the basic resources required in
normal life.
In legal parlance, an indigent person does not possess the financial capacity to pay the court
fee.
With the motive of providing justice to such individuals, provisions under Order 33 of the
Code of Civil Procedure, 1908 were introduced.

Definition
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‖.
This includes individuals who are not financially stable to file a suit or who do not have
property worth one thousand rupees if no specific fee is prescribed.
Indigent to such extent that he does not hold any property other than the subject-matter of the
suit.
Another name for Indigent person is ―Pauper ‖. A pauper is a person who is extremely poor
and has no means of support such as job, property or a premise.

Qualification of an Indigent Person

Criteria: Lack of sufficient means to pay court fees.
Financial Threshold: Property worth less than one thousand rupees.

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Purpose of Order XXXIII

Order XXXIII has been enacted to serve a triple purpose, which includes
 Protection of Bona Fide Claims: to protect bona fide claims of an indigent person
and ensuring the genuine claims are not dismissed due to financial constraints.
 Safeguarding Revenue: to safeguard interest of revenue or to prevent the misuse of
the system
 Protection from Harassment: to protect the defendant from frivolous suits or
harassment

Constituents of Order XXXIII

Application for Permission: Any indigent person can apply under Rule 1 of ORDER
XXXIII of CPC, 1908 to the court for permission to sue or defend his/her case without
bearing the financial burden of legal proceedings.
Rule 1 A of Order XXXIII Inquiry of the Application: As per, every application shall be
inquired in the first instance by chief ministerial officer of the court.
It states that the Chief Ministerial Officer of the court has the authority to do an inquiry. The
inquiry is conducted in the first instance to know if an applicant is an indigent person or not.
It is upon the discretion of the court whether to accept the report submitted by such an officer
or make an inquiry.
Rule 2 Contents of application: Every application for permission to sue as an indigent
person shall contain the particulars required in regard to plaints in a regular suits. Particulars
here, refers to the obligatory information that are necessary for the suit.

Major Rules of Order XXXIII

Rule 4 Examination of applicant

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.
If presented 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

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 examined by a commission in the manner in which the examination of an absent witness may
be taken.

Rule 5 Rejection of Application

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.

Rule 6 Notice of the day for receiving evidence of applicant’s indigency

Rule 6 provides that the court is required to issue a notice to both the opposite party and the
Government pleader. Following which a day is fixed on which evidence is received. On such
a day, the applicant presents in the form of proof about his indigency. The opposite party or
the Government Pleader can present their evidence opposing the applicant‘s indigency.

Rule 7 Procedure at Hearing

Rule 7 provides for the procedure to be followed at hearing of the application. The court shall
examine the witnesses (if any), produced by both the parties and hear arguments on the
application or evidence (if any) admitted by the court. Subsequently, the court will either
allow the application or reject it.

Rule 8 Procedure if application admitted

Rule 8 explains the procedure to be followed after the admission of the application. The
application after being admitted has to be numbered as well as registered. Such an application

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will be considered as a plaint in a suit. Subsequently, such a suit shall proceed in the same
manner as an ordinary suit does.

Rule 9 Withdrawl of permission

Rule 9 states that the court has an option to revoke the permission granted to the plaintiff to
sue as an indigent person. The court can utilise this discretionary power on receiving the
application by the defendant or by the government pleader, in the following circumstances:

1. Where the applicant is guilty of vexatious or improper conduct in the course of the
suit; or

2. Where the applicant‘s means are such that he will not continue to sue as an
indigent person; or

3. Where the applicant has entered into an agreement under which another person has
obtained an interest in the subject matter of the suit.

Rule 9A

Rule 9A of the Code provides that the court will assist the indigent person by assigning him a
pleader. A pleader is a person who is entitled to appear and plead on behalf of other persons
in the court.

Rule 10 and 11 Recovery of Court Fees and Costs

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.

Rule 11 A

Where the suit abates on account of the death of a plaintiff, such court fees would be
recovered from the estate of the deceased plaintiff.

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 Rule 14 provides that the court shall recover the court fee by forwarding the order or decree
to the collector who shall then collect the fee in the manner as if it were an arrear of land
revenue.

Rule 18 states that apart from Order XXXIII of the Code, the state or the Central
Government may make additional provisions for free legal services in respect of indigent
persons.

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.

Relevant case laws

1. 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.

2. N.E.L. & Co. Ltd v. Sripathirao

The court held that the word person occurring in the explaination attached to the rule includes
both natural as well as juristic person i.e. companies or associations of or body of
individuals whether incorporated or not.

3. 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.

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4. 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 XXXIII of the Code of Civil Procedure, 1908, provides a mechanism for indigent
persons to seek legal redress without bearing the financial burden of legal proceedings. It
includes provisions for application, inquiry, permission, withdrawal, recovery of fees, and
appeals, ensuring that the rights of indigent persons are protected while safeguarding the
interests of the revenue and defendants.

There is a lack of awareness among people regarding such provisions as well as the
availability of free legal aid services. Hence, efforts must be made by every individual to
sensitise the vulnerable sections of society regarding free legal aid services.

Thanking you !

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