Suits by indigent persons

INTRODUCTION

The Indian Constitution provides for the fundamental right of equal opportunity before the law and equality before the law. In India, there is a large section of society that is so poor that they don't even have sufficient means to sustain their lives. A suit filed by such people would eventually be dismissed owing to their condition of not being able to pay the requisite fees. However, in order to safeguard the interests of all and serve justice, there are certain provisions in Civil Procedure Code that comes to their rescue.

Order XXXIII provides for filing of a civil suit by an indigent person. The rules given in the Order helps a person to file a suit even if he is unable to pay the requisite court fees.

INDIGENT PERSONS

The meaning of the indigent person has been provided in the Explanation I-A of Rule 1. An indigent person is the one who fulfils any of the one condition –

a. If he doesn't have sufficient means (excluding the property exempt from attachment or forming the subject matter of the suit) to pay the court fee or;

b. If no fees is prescribed by the court and he doesn't have property worth more than one thousand rupees or more (excluding the property exempt from attachment or forming the subject matter of the suit)

Rule 1A states that in order to determine whether a person is indigent or not, the chief ministerial officer of the Court would conduct the inquiry unless the court otherwise directs and makes it own inquiry.

CONTENTS, PRESENTATION AND ACCEPTANCE OR REJECTION OF APPLICATION

Rule 2 provides that the application to sue as an indigent person should contain the following particulars –

a. Particulars required in plaints

b. Record of any movable or immovable property with its estimated value
It has to be signed and verified in the same manner as the pleadings.

Then, as per Rule 3, the application needs to be presented by the applicant or his authorised agent where the applicant is exempted from appearing in court. When the application is duly presented, the court can examine the applicant or his agent as provided in Rule 4.

There are certain grounds for the rejection of the application provided in Rule 5 of the Order which are as follows –

a. Application is not presented or framed in accordance to Rule 2 or 3 or;

b. Applicant is not an indigent person or;

c. Applicant has disposed of any property fraudulently or in order to become eligible to file suit as an indigent person before two months of the presentation of the application or;

d. Applicant's allegations are unable to show a cause of action or;

e. Applicant has entered into an agreement regarding the suit and the other person has interest thereof or;

f. Allegations made in the application provide that the suit would be barred by any law for the time being in force or;

g. Applicant has entered into a agreement with another person to enable him to pay for the litigation

If the court doesn't reject the application on the above mentioned grounds, it shall fix a day as per Rule 6 for receiving evidence of applicant's indigency provided that a clear ten day notice has to be provided to the opposite party.

According to Rule 7, the court would examine the witnesses and make a full record of the evidence provided on the day fixed for hearing. After the examination and hearing of the arguments by both the parties, the court can either accept or reject the application to sue as an indigent person.

If the application to sue has been admitted by the court, the plaintiff would be exempted from paying any court fee as per Rule 8. Also, in case the indigent person is unrepresented, the court can assign a pleader to him in accordance to Rule 9A.

However, on the application by the defendant, the court can order the withdrawal of the permission granted to the plaintiff to sue as an indigent person as per Rule 9. In the following situations, the revocation of the permission can take place –

a. If the plaintiff is guilty of improper conduct or vexatious in the course of suit or;

b. If his means are such that he is not to continue to sue as an indigent person or;

c. If he has entered into an agreement regarding the suit and the other person has interest in the subject matter. Provided that application made by the defendant in such case should be accompanied by the seven days prior notice to the plaintiff.

RECOVERY OF THE COSTS

The final decree of suit filed by an indigent person can be either in his favour or against him. In case the plaintiff succeeds, Rule 10 states the state government can recover the court fees from the party as per the direction in decree of the suit and the said amount would be the first charge on the subject matter.
However, if the plaintiff fails in the suit, he has to pay the court fees. Also, if the suit abates on the account of death of plaintiff, Rule 11A provides that the court fees can be recovered from the estate of the deceased plaintiff.

Thus, Order XXXIII allows a plaintiff to file a suit who would initially not be able to pay the court fees or represent himself. It is indeed a unique procedure to help all sections of the society to get justice irrespective of their economic status.

JUDGEMENT

1. In the case of Union Bank of India vr. Khader International Construction and Ors.[1], the matter before the hon'ble court was whether a limited company can be termed as an indigent person to enable it to sue under Order XXXIII of CPC.

After certain deliberations, the court opined that the word ‘person' can be denoted as the one who is able to file a suit and has to be given an extended meaning. A public limited company can maintain an application for suit as an indigent person under Order XXXIII.

Therefore, the word 'person' mentioned in Order XXXIII includes not only a natural person but other juridical persons also.

[1] Union Bank of India v. Khader International Construction, (2001) 5 SCC 22.