Description

Order 33 of the Civil Procedure Code (CPC) deals with Suits by Indigent Persons. It provides a mechanism for persons who do not have the means to pay court fees to file a suit and seek justice. The provisions in Order 33 enable such individuals to pursue their legal claims without being hindered by the financial burden of paying the prescribed court fees.

Key Provisions of Order 33 CPC:

1. Rule 1 - Suits by Indigent Persons:

   • Any person who desires to institute a suit but cannot afford to pay the court fees may file the suit as an indigent person.
   • The person must make an application under this rule, along with an affidavit disclosing their financial condition.

2. Rule 2 - Application for Permission to Sue as an Indigent Person:

   • The application for permission to sue as an indigent person must be filed in the same manner as a regular suit.
   • The application must be accompanied by an affidavit showing that the person is unable to pay the required court fees.

3. Rule 3 - Inquiry by the Court:

   • The court will conduct an inquiry into the applicant's financial status and verify whether they are indeed unable to pay the court fees.
   • The applicant's income, property, and liabilities will be examined.

4. Rule 4 - Order to be Made:

   • If the court is satisfied with the applicant's inability to pay the court fees, it may grant permission to sue as an indigent person.
   • The court may also direct the applicant to deposit a sum or give security for costs if it deems fit.

5. Rule 5 - Dismissal of the Application:

   • If the court is not satisfied with the applicant's claim of indigency, it may dismiss the application.
   • The applicant can appeal the decision if they are aggrieved.

6. Rule 6 - Procedure if Suit is Allowed:

   • If the suit is allowed to be filed, the court may proceed with the suit, and the usual procedures for trial will follow.
   • The defendant can raise any objection regarding the indigent status of the plaintiff.

7. Rule 7 - Application of Rules to Appeals:

   • The provisions of Order 33 also apply to appeals in the same manner as they apply to suits.

8. Rule 8 - Indigent Person’s Right to Appeal:

   • Even if a suit is dismissed, the indigent person has the right to file an appeal, subject to the same rules of indigency.

9. Rule 9 - Conditions for Dismissal:

   • The court may dismiss the suit if it finds that the indigent person has not filed the suit in good faith or if there is abuse of the procedure.

Purpose:

The primary purpose of Order 33 CPC is to ensure that justice is accessible to all, irrespective of the financial status of the person. It prevents the denial of justice simply because an individual cannot afford the legal expenses required to initiate a suit.

Punishment

Dismissal of Suit:

• If the court finds that the application for permission to sue as an indigent person is false or the person is not truly indigent, the suit may be dismissed.

Cost Imposition:

• If the court determines the application is made in bad faith or is frivolous, the applicant may be ordered to pay the court fees that would have been required had the suit been filed normally.

False Affidavit Consequences:

• If the applicant provides a false affidavit or misrepresents their financial status, the court may impose penalties for contempt of court or fraud.

Potential Legal Action for Fraud:

• Misrepresentation of indigency may lead to legal action for fraud, which could involve penalties under civil law.

Barred from Future Indigent Applications:

• If an individual abuses the process or files false claims, they might be barred from applying as an indigent person in future suits.