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QUESTION | Write a short note on suits by Indigent persons. Under what circumstances court shall reject the application for permission to sue as an Indigent Person?
Importance of this question : This question was asked in RJS 2018 Mains Paper 1.
QUESTION POSTED ON | 03.10.2021
MODEL ANSWER WILL BE POSTED ON | 04.10.2021
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ANSWER: Order 33 of CPC provides the procedure for institution of a suit by an indigent person. The intent of the legislature to provide such rules was to enable the indigent (pauper) to file a suit without paying nay court fees.
Indigent person: is one who is not possessed with sufficient means to pay the court fee in the suit or if no court fee is prescribed for any suit, he is not entitled to property worth Rs. 1000.
Order 33 Rule 2 provides that indigent person can file a suit by making an application seeking permission of the court to apply as an indigent person. His application must include the following:
a) all the particulars what are mentioned in the Plaint
b) and all the movable or immovable properties of the indigent person with its estimate value
c) signature and verification as provided under Rule 14, 15 of Order 6.
The application must be presented in person unless the court has exempted it.
Rejection of application- Order 33 Rule 5
It provides that the court will prima facie reject an application seeking permission of the court to apply as an indigent person in the following circumstances:
a) If the application was not presented in the manner prescribed under Rule 2 and 3 of Order 33.
b) If applicant is found not to be an indigent person.
c) If the applicant fraudulently disposed of his property within two months before presentation of the application.
d) If there is no cause of action.
e) If applicant has entered into an agreement with any third party and in respect to subject matter of the suit wherein other party obtains interest.
f) If the suit is barred by law.
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