In forma pauperis
Querist :
Anonymous
(Querist) 14 March 2011
This query is : Resolved
I want full info on who qualifies to file a suit as a pauper. What us the procedure to apply for the same? In my case though I may seem to have notional wealth, what reserves I have may likely not suffice for the rest of life. I am retired hors de combat, suffer from a chronic heart ailment that requires life long medication and probably surgery sooner than later. Escalating legal problems involving huge frauds have caused me great loss of late and my future is threatened. Please help me out as much as u can ...
Querist :
Anonymous
(Querist) 14 March 2011
builder -- it's a long story
Parveen Kr. Aggarwal
(Expert) 14 March 2011
Order 33 of the Code of Civil Procedure, 1908 provides for suit by indigent persons. By Amendment Act No. 104 of 1976 (with effect from 01.02.1977), the word "pauper" was substituted by "indigent person" in the Code.
The provisions of Rules 1 to 5 of Order 33 are reproduced below:
"1. Suits may be instituted by indigent person: Subject to the following provisions, any suit may be instituted by an indigent person.
Explanation I—A person is an indigent person,—
(a) if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
Explanation II—Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.
Explanation II—Where the plaintiff sued in a representative capacity, the question whether he is an indigent person shall be determined with reference to the means possessed by him in such capacity.
2. Contents of application: Every application for permission to sue as an indigent person shall contain 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, shall be annexed thereto; and it shall be signed and verified in the manner prescribed for the signing and verification of pleadings.
3. Presentation of application: Notwithstanding anything contained in these rules, the application shall be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, in which case the application may be presented by an authorized agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person:
Notwithstanding anything contained in these rules, the application shall be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, in which case the application may be presented by an authorized agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person:
Provided that, where there are more plaintiffs than one, it shall be sufficient if the application is presented by one of the plaintiffs.
4. Examination of applicant: (1) 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.
(2) 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 examined by a commission in the manner in which the examination of an absent witness may be taken.
5. Rejection of application: The Court shall reject an application for permission to sue as an indigent person—
(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or
(b) where the applicant is not an indigent person, or
(c) 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 sue as an indigent person:
Provided that no application shall be rejected if, even after the value of the property disposed of by the applicant is taken into account, the applicant would be entitled to sue as an indigent person, or
(d) where his allegations do not show a cause of action, or
(e) 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,or
(f) 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, or
(g) where any other person has entered into an agreement with him to finance the litigation.
Querist :
Anonymous
(Querist) 14 March 2011
Thank you Sir. The point here is that in the recovery suit, i need to pay court fee that is so high that it would threaten my livlihood itself. What to do now?
Parveen Kr. Aggarwal
(Expert) 14 March 2011
You have no other option. You will have to pay the court fee if you want to institute the suit.
