Professional Documents
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PROJECT REPORT
ACKNOWLEDGEMENT
I would like to express my Gratitude to my teacher, Ms. Nikki Rani Prasad who
gave me the golden opportunity to do this wonderful project on the topic Suits
by Indigent Persons which also helped me in doing a lot of Research and I
came to know about so many new things. Secondly I would also like to thank
my parents and friends who helped me a lot in finishing this project within the
limited time.
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Introduction
Order 33 deals with suits filed by indigent persons. An indigent person is
defined in explanation one to Rule 1 according to which is a person is an
indigent person if he is not possessed of sufficient means other than property
exempted from attachment in execution of the degree, to enable him to pay
prescribed fees. An application is to be filled along with the suit for permission
to allow the applicant to file the suit as an indigent person. After due inquiry the
court however may reject the application for permission to file the suit as an
indigent person on the ground mentioned in Rule 5. A person having been
declared as indigent person can be disappeared on the ground mentioned in Rule
9. Under Rule 18 the state government can provide free legal service to indigent
person.
Order 33 Rule 1 of the Code of Civil Procedure provides for instituting of suits
by indigent person, stating:
"1. Suits may be instituted by indigent person-- Subject to the following
provisions, any suit may be instituted by 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.
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before the decision of the application, shall be taken into account in considering
the question whether or not the applicant is an indigent person.
1
(1992) 4 SCC 736
2
(2001) 5 SCC 22
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provided that where no such fee is prescribed, if such person 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 he would
be an indigent person."
3
[2010] 3 MLJ 80
4
Supra Note 2
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(1) the party's employment status and income, including income from
government sources such as social security and unemployment benefits;
(3) the party's total indebtedness and any financial assistance received from
family or close friends. Where two people are living together and functioning as
a single economic unit, whether married, related, or otherwise, consideration of
their combined financial assets may be warranted for the purposes of
determining a party's indigency status in a civil proceeding."
The concept was well explained by the Orissa high court in Manglu Chattar v.
Maheshwar Bhoi7 as follows, the tools of artisans are exempted from the
attachment. In the instant case according to the findings of the trial court, the
appellant possessed of tools and weaving materials and they get daily wages.
Both these items are covered under the Section 60(1) of CODE OF CIVIL
PROCEDURE, 1908. There is no other evidence adduced from the side of the
defendant to show that the petitioners are possessed of any other property.
Therefore there is no dispute about the fact that the appellants are all weavers
and their weaving materials consist of tools of artisans. These properties are not
to be taken into consideration to find out whether they will be able to pay the
court fee. So also the daily wages they get cannot be taken into consideration
for the aforesaid purpose. On the aforesaid analysis, it should be held that the
appellants are indigent persons and, therefore, they should be allowed to sue as
indigent person.
The Supreme Court of India has settled the issue that, whether a public
company can file a suit as an indigent person or not. The Honble Supreme
7
AIR 1981 Ori 153
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Court held that, the word person has to be given its meaning in the context in
which it is used. It refers to a person who is capable of filling a suit and this
being a benevolent provision; it is to be given an extended meaning. Therefore,
a public limited company, which is otherwise entitled to maintain suit as a legal
person, can every well maintain application under Order 33, Rule 1, CODE OF
CIVIL PROCEDURE,1908.
The word person mentioned in Order 33 includes not only a natural person
but other judicial person also8.
8
Supra, Note 2
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This question also came before the Allahabad High Court in Ganga Dahal v.
M.T. Gaura10, a division bench of the Allahabad High court has held that under
Rule 10 of Order 33 of the CODE OF CIVIL PROCEDURE, 1908, the
legislature deals with the case of a pauper plaintiff who succeeds in the suit and
under Rule 11 with the case of a pauper plaintiff who fails in the suit. There is
no separate provision for a case like the present, in which a pauper plaintiff has
partly succeed and partly failed. Presumably the court is intended to deal with
such a case by combining the provision of the two Rules. It is clear that, if
plaintiff who is permitted to institute the suit as an indigent person succeeded in
the part in a suit, the court fee payable by him for the suit, the court fee payable
by him on the plaint or memorandum of appeal has to be apportioned between
the plaintiff and the defendant in the proportion to the success of the each party.
Therefore the liability of the plaintiff who sued as indigent person or in the
forma pauperis to pay the court fee if he succeeds entirely in the suit and to
pay the court fee in proportion to the success if he succeeds partly in the suit
under the provision of Rule 10 and to pay the entire court fee if he fails in the
suit under Rule 11 of the Order 33 of the present code and under the analogous
9
(1891) ILR 14 Mad 163
10
AIR 1916 All 327
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Conclusion
To sum up, the indigent person, in terms of explanation I to Rule 1 of Order 33
of the Code of Civil Procedure, is one who is either not possessed of sufficient
means to pay court fee when such fee is prescribed by law, or is not entitled to
property worth one thousand rupees when such court fee is not prescribed. In
both the cases, the property exempted from the attachment in execution of a
decree and the subject-matter of the suit shall not be taken into account to
calculate financial worth or ability of such indigent person. Moreover, the
factors such as person's employment status and total income including
retirement benefits in the form of pension, ownership of realizable
unencumbered assets, and person's total indebtness and financial assistance
received from the family member or close friends can be taken into account in
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BIBLIOGRAPHY
STATUTES/RULES
1. The Code of Civil Procedure, 1908
BOOKS
1. P.K.Majumdar, COMMENTARY ON THE CODE OF CIVIL PROCEDURE, 1908,
Edition 5, Orient Publishing company.
2. Takwani, C. K., CIVIL PROCEDURE, Edition 6, Eastern Book Company, Lucknow
3. Vol 2, Mulla, THE CODE OF CIVIL PROCEDURE, 17th edition, B.M. Prasad, Lexis
Nexis, Butterworth.
4. Vol. 2, Banerjee, A. K., COMMENTARY ON CODE OF CIVIL PROCEDURE, 1908,
Edition-2007, Dwivedi & Company, Allahabad.
5. Vol. 3, Doabia, T. S. Justice, CODE OF CIVIL PROCEDURE, Edition 13,
LexisNexis Butterworths Wadhwa Nagpur.
WEB SITES
1. www.indiankanoon.org/search/?...suits%20by%20an%20indigent%20person
2. http://www.legalservicesindia.com/article/article/suits-by-indigent-person-1279-1.html
3. http://www.legalblog.in/2011/07/indigent-person-under-code-of-civil.html
4. www.studymode.com
5. http://www.legalblog.in/2011/07/indigent-person-under-code-of-civil.html
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