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Order XXXIII CPC ‘Suits By Indigent Persons’

Ujjwal Anand
Symbiosis Law School, Pune, Maharashtra, India

Volume II, Issue I, 2019

Order XXXIII of CPC deals with the suits by indigent person. An indigent person is one who does not possess sufficient means to pay court fees and unable to proceed with any suit. Every application for permission to sue as indigent person must contain the report of his moveable and immoveable property, with the estimated value annexed with the application. When the application is in proper form and duly presented, the court, may think fit, examine the applicants or his agents and the application must be duly verified and signed by the applicants. The court has the power to reject or withdraw the application under order 33 even in the middle of the proceedings, if the court finds suitable grounds under Rule 5 & 9. If the application is duly admitted and accepted by the court the suit will be treated as any other normal suit and court may also provide the applicant a lawyer to represent him. If the applicant wins the suit the court will then decide who has to pay the court fees but if the respondent wins the case the court fees is payable by the applicants. If the application under Order XXXIII is rejected by any subordinate court the, the same is appealable.

In landmark judgement by Supreme Court in 2011 ‘Union Bank of India vrs. Khader International Construction and Ors’ , it was stated the Order XXXIII may also include any juristic person i.e. any corporate firm etc.

 

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