Suits by Indigent Persons: Meaning and Significance

Any person who has a right or an interest in the subject matter of the dispute may file a civil suit to claim that right or interest. However, such a person is required to pay court fees to the court for the adjudication of his rights. The court fee is determined by the value of the subject matter in dispute. There may be cases in which a parson has a substantial interest in the suit property, but he does not have the means to pay for the court fees. In that case, how would he be able to file his suit without paying anything as court fees?

What is the Meaning of Suits by Indigent Persons?

Order 33 of the Code of Civil Procedure provides for civil suits that may be filed by a person even without payment of a court fee. Therefore, a suit instituted without paying court fees by a person who is incapable of paying court fees is characterized as a suit instituted by an indigent person or a suit instituted in forma pauperis.

Legal Provisions

Legal provision for the institution of suits by an indigent person has been provided under Order 33 of the Code of Civil Procedure. This order consists of 18 rules that provide details on procedure, such as how permission for filing a suit by an indigent person may be obtained, if such permission has been obtained by misrepresentation, how it is to be withdrawn, and how the pleader is to be appointed to represent the indigent person's case after it’s filed.

Who is an Indigent Person?

A person is an indigent person if he does not have sufficient means to pay the fee prescribed by law for such a suit. Here it is clear that a person may have means for his livelihood that consist of property that is exempt from attachment in the execution of a decree and the subject-matter of the suit. So apart from the subject matter of the suit and such other property that cannot be attached in execution of a court decree, an indigent person does not have other property or means to pay for the prescribed court fees.

However, there may be a case where no such fee is prescribed. In that case, a person is said to be an indigent person 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.

Moreover, any property that is acquired by a person after the filing of the application for permission to sue as an indigent person and before the decision on the application shall be taken into account in deciding whether the applicant is an indigent person or not.

Furthermore, if a suit is filed by the plaintiff 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 a capacity.

Therefore, a person shall be deemed to be an indigent person if he does have means exceeding one thousand rupees in value. However, if such a person has property worth more than a thousand rupees, it is insufficient to pay the fees prescribed by law. Without any doubt, property that is either the subject matter of a dispute or that is exempt from attachment in execution of a decree shall not be considered to be property in his possession for the purpose of determining his status as an indigent person.

Who is Included in "Person"?

The word "person" mentioned in Order 33 of the Code of Civil Procedure shall include both a natural person as well as a legal person such as a company or a body corporate. Therefore, a company can also maintain an application under Order 33 Rule 1, seeking permission to file a suit as an indigent person.

What property should not be considered for the determination of an "indigent person"?

For the purpose of determining a person as an "indigent person," the property that is exempt from attachment and the subject of the suit are not to be taken into consideration.

Inquiry into the Means of an Indigent Person

On an application seeking permission to sue as an indigent person filed by the plaintiff, a details inquiry is to be conducted by the executive magistrate (SDM) of his local area to verify details of the property of the indigent person. And a report is prepared mentioning the details of the plaintiff's property. On the basis of this report, the court may decide whether the applicant is a suitable person to be permitted to file a suit as an indigent person. Rule 1A of Order 33 of the Code of Civil Procedure provides that every inquiry regarding the indigence of the person shall be made by the chief ministerial officer of the Court unless the Court otherwise directs, and the Court may adopt the report of such an officer as its own finding or may itself make an inquiry into the question.

Examination of the Applicant

The court may examine the applicant regarding the merits of the claim and the property of the applicant to verify the details of the property and his claim given in the application seeking permission to sue as an indigent person.

Giving an Opportunity to Participate in an Inquiry

The provisions of Rule 6 of Order 33 are intended to give the opposite party (defendant) an opportunity to participate in the inquiry into indigent status and adduce evidence to establish that the applicant is not a pauper.

Procedure if Permission Granted

When permission to sue as an indigent person is granted to the plaintiff, his suit shall be numbered and registered, and the suit shall be proceeded with like an ordinary suit, except that the plaintiff shall not be liable to pay any court fee.

Withdrawal of Permission to Sue as an Indigent Person

The plaintiff's right to sue as an indigent may be revoked by the court on the defendant's application; however, the plaintiff has to be given an opportunity to be heard. The plaintiff's permission to sue as an indigent person may be withdrawn on any of the following grounds −

• That the plaintiff is guilty of vexatious or improper conduct in the course of the suit;

• That he has sufficient means to pay the court fees.

• That the plaintiff has entered into an arrangement with any other person to finance the litigation, and thereafter he will be given a share of the property under dispute. The person financing the litigation has sufficient means to pay court fees.

Assignment of a Pleader to the Indigent

The court may assign a pleader to the indigent person who has not been represented by a pleader before the court after filing a suit under the provision of Order 33 of the Code of Civil Procedure, 1908.

Legal Representative for Indigent Person

When an applicant who has filed a suit as an indigent person dies, his legal representatives are not entitled to continue the suit as an indigent person. The right to sue as an indigent person is a personal right. Therefore, the entire proceedings come to an end and lapse the moment the applicant dies.

Realization of Court Fees

The exemption from filing the court fee at the time of institution of the civil suit, as granted to the indigent person under Order 33 of the CPC, is applicable till the suit is finally disposed of. However, where an indigent person succeeds in a suit, he shall be required to deposit the court fee out of the property he received as an outcome of the suit. The court shall make appropriate directions in the decree itself. The state government is empowered by law to recover court fees from the indigent person as per the directions in the decree. Where an indigent person fails in the suit, no court fees shall be paid by him.

Conclusion

According to the Indian Constitution, every citizen has a fundamental right to free and fair justice. Further justice is not only done, it is seen to be done. Order 33 of the Code of Civil Procedure implements the fundamental right to free justice by allowing a person to exercise his rights without paying any court fees in order to assert his rights and interests. However, certain conditions must be met before taking advantage of these provisions.

Frequently Asked Questions

Q1. Who is an indigent person?

Ans. An indigent person is someone who does not have enough money to pay the court fee for the suit he filed for his claim. However, a person's capacity is to be assessed based on his property and means of earning, which he possessed in addition to the suit property in dispute and property that cannot be attached in the execution of a decree.

Q2. What property shall be taken into consideration while deciding the indigence of a person?

Ans. The property that is taken into account for deciding the indigence of a person must be possessed by him in addition to the suit property, and it should be such a property that cannot be attached in execution of a court decree.

Q3. Under what provision can a suit as an indigent person be filed?

Ans. The provisions for filing suit as an indigent person are provided under Order 33, Rules 1 to 18.

Q4. What is the effect of a suit filed by an indigent person?

Ans. If a suit is filed by the plaintiff as an indigent person and the appropriate permission is granted by the court in his such suit, he is not required to pay court fees for his suit, and the court fees in his suit are exempt.