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Suit by Indegent Person.

This document discusses provisions that allow indigent persons to sue without paying court fees in India. Key points: - The provisions aim to ensure that no one is denied justice due to inability to pay court fees or poverty. An indigent person is defined as someone with no means to pay court fees or possessing less than Rs. 1000 in property. - To sue as a pauper, one must apply to the court establishing their indigent status. The court will consider their financial means and assets, including any assistance received or property acquired recently. - If approved, the applicant can institute legal proceedings without paying up front fees. However, costs may later be recovered according to the case result. The government is also

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544 views4 pages

Suit by Indegent Person.

This document discusses provisions that allow indigent persons to sue without paying court fees in India. Key points: - The provisions aim to ensure that no one is denied justice due to inability to pay court fees or poverty. An indigent person is defined as someone with no means to pay court fees or possessing less than Rs. 1000 in property. - To sue as a pauper, one must apply to the court establishing their indigent status. The court will consider their financial means and assets, including any assistance received or property acquired recently. - If approved, the applicant can institute legal proceedings without paying up front fees. However, costs may later be recovered according to the case result. The government is also

Uploaded by

Śańthôsh Ķūmař P
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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13.

SUIT BY AN INDEGENT PERSON /


LEAVE TO SUE AS FORMA PAUPERIS
( Order – XXXIII ) --
This provision is inserted in the Code inorder to
see that no person should be denied of justice for
his inability to pay court fee or for the reason of
poverty. This provision provides that in case a
person is incapable of paying the court fee, he
can apply to the court for permitting him to sue
as pauper. The term pauper should not be
confused with the insolvent as defined under
Indian contract Act. Here the pauper / indegent
person means a person who has no present
realizable means to pay the court fee.

Object – The object of the provision is to enable a


person who is ridden by poverty or not possessed
of sufficient means to pay court fee to seek justice.
These provisions exempt such indigent person from
paying requisite court fee at the first instance and
allows him to institute suit or prosecute appeal in
forma pauperis . Mathai Vs. C.K.Antony 2011 (13)
SCC 174

Indegent person – i)person who has no


sufficient means to pay the court fee.

ii) Person who does not possess the property the


value of which does not exceed Rs.1000/=
iii) For deciding the above question -- the property
acquired by such person after presentation of the
application and before hearing the application
shall be taken into consideration.
iv) Where a person is suing in a representative
capacity, the assets possessed by him in such
capacity shall be taken into consideration.
Eg. - Person representing the Partnership Firm –
assets held by the Firm to be taken into
consideration.
Sufficient means -- Financial assistance received
from family members or close friends shall not be
considered in deciding sufficient means. ( Mathai
Vs. C.K.Antony.)
Legal representatives of Indigent person –
Legal representatives of indigent person cannot
claim the benefit of the deceased person who
filed the suit in such capacity. They must prove
that they themselves are indigent persons. ( Laxmi
Vs. Vijaya Bank – AIR 2011 Karnataka 89 ).

Contents of application , Presentation and hearing


—

It shall include the particulars of property held by


the applicant if any. It shall include all the
particulars of a plaint and shall be singed and
verified by the applicant.

After presentation of the suit the Chief ministerial


officer of the court to make enquiry. The applicant
may also be examined before receiving the suit.

The application must be presented either in


person or through a authorized agent who is
capable of answering all the question required for
the purpose.

Rejection of application-- reasons --


i) If the application is not in the required Form
and not presented by a proper person If the
applicant is not an indegent person.
ii) If the applicant has disposed of any property
within 2 months earlier to the presentation of the
application.
iii) If the application does not show any cause of
action.
iv) If the applicant has entered into any
agreement with a third person to finance the
litigation.
v) If the applicant has entered into any agreement
with any other person wherein such person has
acquired any interest in the subject matter of the
suit.
vi) If the application is barred under any law for the
time being in force.

Govt. is a deemed Party --


In the suit filed by an indigent person the Govt.
must be treated as a party though not shown to
be a party in the cause title.

In hearing the application the Govt. pleader must


be given notice and must be given an
opportunity to file objection and lead evidence.

Withdrawal of permission.— reasons-

i) If he is guilty of vexatious and improper conduct.

ii) If he is not an indegent person.

Iii) If he entered into an agreement with any


person in respect of the subject matter of the suit
under which any other person has obtained an
interest in such subject matter.

Free legal aid --


In case the applicant is not represented
through a pleader, the Court may provide for
free legal aid to such indigent person for
conducting the case.

Costs of the suit --


The costs in the suit depends on the result of the
suit.
If the suit is decreed with costs against the
defendant -- the Govt. can recover the costs of
the suit from such such defendant against whom
the suit is decreed.
If the suit is dismissed with costs -- then the
Govt. can recover the costs from the indegent
person .

While recovering the costs of the suit, it shall be


recovered as arrears of land revenue. i.e. – by
bringing the movable and immovable properties of
such person for sale.

Procedure on rejection of application –


Where the application is rejected, --
i) the applicant must be given an opportunity to
pay the court fee and on payment of court fee,
the suit must be registered.
ii) the court may grant/ extend time to the
applicant/ plaintiff to pay the court fee.
iii) the applicant shall not be allowed to file any
subsequent application as an indigent person.

Application of rules to defence / counter claim--


The provisions/ rules applicable for filing the
plaint by an indigent person is applicable to the
written statement also. The defendant can also
file an application to sue as an indigent person
while making the counter claim.

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