Suits by indigent persons: Order 33
Discuss the nature, scope and object of the suit by indigent persons. What do you mean byindigent person according to order 33 Rule 1?
What are the contents of the application to sue as forma pauperis? When does the suit by indigent person commences?
When the court will reject an application for permission to sue as an indigent person? Discuss the rules of enquiry to determine the status of a person as indigent person.
What procedure will be followed if, after enquiry, permission to sue as forma pauperis is granted or refused?
When can the permission to sue as indigent person be revoked? How the court fee and costs of the suit can be recovered? How can a person file appeal as indigent person?
Whether an order rejecting an application to sue as an indigent person is appealable?
NATURE, SCOPE and OBJECT
Order 33 provides for filing of suits by indigent persons. It enables persons who are TOO POOR TOPAY COURT FEES and allows them to institute suits without payment of requisite court fees.
Generally, a plaintiff suing in a court of law is bound to pay court fees prescribed under the Court Fees Act at the time of presentation of plaint. But a person may be too poor to pay there quisite court fee.
This order exempts such person from paying the court fee at the first instance and allows him to prosecute his suit in forma pauperis, provided he satisfies certain conditions laid down in this order
INDIGENT PERSON: MEANING: ORDER 33 RULE 1
A person is an "indigent person "if he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit; or where no such fee is prescribed, when he is not entitled to property worth ONE THOUSANDRUPEES. In both the cases, the property exempts from attachment in execution of a decree and the subject matter of the suit should be excluded. (Explanation. I to R.1, Or. 33.) Any property acquired by the applicant after the presentation of the application for permission to sue as an indigent person and the decisions thereon should also be taken in to consideration for deciding the question whether the applicant is an indigent person. (Explanation. II to R.1) The word "person" includes juristic person. Union Bank of India v. Khader International Construction, (2001) 5 SCC 22.
CONTENTS OF APPLICATION: RULE 2
Every application for permission to sue as an indigent person should contain the following particulars: 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; and Signature and verification as provided in Order 6 Rules 14 and 15. [R. 2.]
Vijni Pratap v. Dukh Haran Nath, AIR 1962 SC 941
Yugal Kishore v. Dhanno Devi, AIR 1973 SC2508
The application should be presented by the applicant to the court in person unless exempted by the court. [R.3.] Where there are two or more plaintiffs, it can be presented by any of them. [Proviso to R. 3.] The suit commences from the moment an application to sue in forma pauperis is presented.
REJECTION OF APPLICATION: RULE 5
The court will reject an application for permission to sue as an indigent person in the following cases: [R. 5] Where the application is not framed and presented in the prescribed manner; or Where the applicant is not an indigent person; or Where the applicant has, within two months before the presentation of the application, disposed of any property fraudulently in order to get permission to sue as an indigent person; or where there is no cause of action; or Where the applicant has entered into an agreement with reference to the subject-matter of the suit under which another person has obtained interest; or Where the suit appears to be barred by law; or Where any other person has entered into an agreement with the applicant to finance costs of the litigation.
INQUIRY: RULE 1-A
In the first instance, an inquiry into the means of the applicant should be made by the Chief Ministerial Officer of the court. The court may adopt the report submitted by such officer or may itself make an inquiry. [R. 1-A.] Where the application submitted by the applicant is in proper form and is duly represented, the court may examine the applicant regarding the merits of the claim and the property of the applicant. [R. 4.] The court shall then issue notice to the opposite party and to the Government Pleader and fix a day for receiving evidence as the applicant may adduce in proof of his indigency or in disproof thereof by the opposite party or by the Government Pleader. On the day fixed, the court shall examine the witnesses (if any), produced by either party, hear their arguments and either allow or reject the application. [Rr. 6, 7.]
WHERE PERMISSION IS GRANTED? RULES 8 TO 9-A
Where an application to sue as a indigent person is granted, it shall be deemed to be a plaint in the suit and shall proceed in the ordinary manner, except that the plaintiff will not have to pay court fees or process fees. The court may assign a pleader to an indigent person if he is not represented by a pleader. The Central Government or the State Government may make provisions for rendering free legal aid and services to indigent persons to prosecute their cases. A defendant can also plead set-off or counterclaim as an indigent person. [Rr. 8, 9-A, 18.]
WHERE PERMISSION IS REJECTED? RULES 15 TO 15-A
Where the court rejects an application to sue as an indigent person, it will grant time to the applicant to pay court fees. (R. 15-A) An order refusing to allow an applicant to sue as an indigent person shall be a bar to a subsequent similar application. However, this does not debar him from suing in an ordinary manner, provided he pays the costs incurred by the Government Pleader and the opposite party in opposing the application. [R. 15.]
REVOCATION OF PERMISSION: RULE 9
The Court may, on an application by the defendant or by the Government Pleader, revoke permission granted to the plaintiff to sue as an indigent person in the following cases: [R. 9.] Where he is guilty of vexatious or improper conduct in the course of the suit; or Where his means are such that he ought not to continue to sue as an indigent person; or Where he has entered into an agreement under which another person has obtained an interest in the subject-matter of the suit.
COSTS
The costs of an application to sue as an indigent person shall be the costs in the suit. [R.16.]
RECOVERY OF COURT FEES AND COSTS
Where indigent person succeeds-Where the plaintiff (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. [R. 10.] Where indigent person fails-Where the plaintiff (indigent person) fails or the suit abates, the court shall order him (plaintiff) to pay court fees and costs. [Rr. 11,11-A.]
RIGHT OF STATE GOVERNMENT
The State Government has right to recover court fees. For that purpose, it is deemed to be a party to the suit. [R. 13.]
REALIZATION OF COURT FEES: RUDE 14
Where an indigent person succeeds in a suit, the State Government can recover court fees from the party as per the direction in the decree and it will be the first charge on the subject-matter of the suit. Where an indigent person fails in the suit, the court fees shall be paid by him. 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. [R. 14.] APPEAL- An order rejecting an application to sue as an indigent person is appealable. (Or. 43 R. 1)
APPEALS BY INDIGENT PERSONS: ORDER 44
A person unable to pay court fees on memorandum of appeal may apply to allow him to appeal as an indigent person. The necessary inquiry as prescribed in Order 33 will be made before granting or refusing the prayer. But where the appellant was allowed to sue as an indigent person in the trial court, no fresh inquiry will be necessary if he files an affidavit that he continues to be an indigent person. [Or. 44.]
