Order 33 of the Civil Procedure Code (CPC) deals with the suits by indigent persons, providing a mechanism for individuals who are unable to pay the requisite court fees to initiate a civil suit. This provision ensures that access to justice is not denied to those who are financially incapable of paying the court fees, thereby promoting equality before the law.
1. Definition of Indigent Person (Order 33, Rule 1)
An indigent person is someone who, due to their financial situation, is unable to pay the prescribed court fees for filing a suit. The court allows such individuals to file a suit without paying the court fees upfront by granting them permission to file the suit as an indigent person.
Conditions for being an Indigent Person:
- The person must show that they are unable to pay the court fee due to their financial circumstances.
- The person must make an affidavit stating their inability to pay the court fee and detailing their financial situation.
2. Filing of Suit by an Indigent Person (Order 33, Rule 2)
- To file a suit as an indigent person, the plaintiff must apply to the court in the prescribed form, submitting an affidavit that outlines their financial status and inability to pay the court fees.
- The application must contain sufficient details to show that the person cannot afford the payment, including information about their income, property, liabilities, and other financial matters.
- If the court is satisfied that the person is indeed indigent, it may allow the suit to be filed without the payment of court fees.
Procedure for Filing a Suit by an Indigent Person:
- Application: The plaintiff applies to the court, submitting an affidavit with details of their indigent status.
- Verification: The court verifies the truthfulness of the affidavit by asking questions or requiring evidence.
- Order: If the court is satisfied, it allows the person to file the suit without paying the court fee initially. However, the person may be asked to pay the fee later if their financial situation changes.
3. Order of Court (Order 33, Rule 3)
Once the application is filed and verified, the court will pass an order allowing or rejecting the application. If the application is allowed, the suit proceeds as if the court fee has been paid, but the fee is not paid initially.
- If the suit is successful, the defendant may be required to pay the court fees, and the plaintiff may also be ordered to pay the court fee at that stage.
- If the suit is unsuccessful, the plaintiff is not required to pay the court fee.
4. Discretion of Court (Order 33, Rule 4)
- The court has discretion to decide whether to allow a person to file a suit as an indigent person. If the court is not convinced that the person is truly indigent or if the claim is frivolous or vexatious, the application may be rejected.
- In cases where the court is satisfied, it may pass an order allowing the suit to proceed.
5. Dismissal of Suit (Order 33, Rule 5)
If the court finds that the plaintiff, despite being allowed to file the suit as an indigent person, has not followed the legal process or has made false claims about their financial status, the suit may be dismissed.
- Falsification: If the plaintiff is found to have provided false information regarding their indigence, the court may dismiss the suit and order the plaintiff to pay the court fees.
- Frivolous Suits: If the suit is deemed frivolous or if the plaintiff abuses the provision of being an indigent person, the court can dismiss the suit.
6. Court Fees Payable Later (Order 33, Rule 6)
Even if a suit is allowed to be filed by an indigent person, the court may, at a later stage, order that the person pay the court fee if their financial situation improves. The court can issue a decree for the payment of fees if it becomes clear that the plaintiff is no longer indigent.
- If the plaintiff is ultimately successful in the suit, they might recover the court fee from the defendant, or they may be required to pay the fee after the suit’s conclusion.
7. Protection Against Dismissal of Suit (Order 33, Rule 7)
In cases where a plaintiff who is allowed to file a suit as an indigent person is unsuccessful, the court does not dismiss the suit solely because the plaintiff failed to pay the court fees. The suit may proceed to a conclusion based on its merits, even if the court fee has not been paid at the outset.
8. Appeal (Order 33, Rule 8)
A plaintiff who has been allowed to file a suit as an indigent person may appeal against an adverse decision on the same terms as any other plaintiff, even if they have not paid the court fee initially.
- In case the appeal is successful, the appellant may be required to pay the court fees.
- If the appeal is unsuccessful, the appellant may be exempted from paying court fees if they remain indigent.
9. Impact on Legal Access and Justice
The provision for suits by indigent persons plays a crucial role in ensuring access to justice for people who cannot afford to pay the court fees. By allowing indigent persons to initiate and pursue lawsuits, the legal system upholds the principle of equality before the law and provides opportunities for justice to those otherwise excluded from the legal system due to financial constraints.
Conclusion
Order 33 of the CPC is a significant provision that seeks to provide equal access to justice for indigent persons. It allows a person who cannot afford to pay the court fee to file a civil suit, thus ensuring that the lack of financial resources does not become a barrier to seeking redress. However, it also ensures that the system is not abused by requiring proper verification of the applicant’s financial condition.
