Question: Can a court reject an application seeking permission to sue as an indigent person? If so, on what grounds?  Find the answer only on Legal Bites. [Can a court reject an application seeking permission to sue as an indigent person? If so, on what grounds?] Answer Order XXXIII of CPC provides for the filing of suits by… Read More »

Question: Can a court reject an application seeking permission to sue as an indigent person? If so, on what grounds? Find the answer only on Legal Bites. [Can a court reject an application seeking permission to sue as an indigent person? If so, on what grounds?] Answer Order XXXIII of CPC provides for the filing of suits by indigent persons. Explanation 1 of Rule 1 of Order XXXIII provides that a person is an “indigent person”: If he is not possessed of sufficient means to enable him...

Question: Can a court reject an application seeking permission to sue as an indigent person? If so, on what grounds?

Find the answer only on Legal Bites. [Can a court reject an application seeking permission to sue as an indigent person? If so, on what grounds?]

Answer

Order XXXIII of CPC provides for the filing of suits by indigent persons. Explanation 1 of Rule 1 of Order XXXIII provides that a person is an “indigent person”:

  • If he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit, or
  • where no such fee is prescribed, when he is not entitled to property worth one thousand rupees

So, if an applicant who is approaching with the claim to allow him to sue as a pauper, shall not be given permission from the court unless he falls in the category of the indigent person, meeting the criteria aforesaid. The court can reject the application if prima facie it appears to the court that the applicant doesn’t meet the criteria laid down in Explanation 1 of Rule 1 of Order XXXIII.

The court has the power to reject or withdraw the application under Order XXXIII even in the middle of the proceedings if the court finds suitable grounds under Rule 5 & 9.

Every application filed by an indigent person should undergo a proper filing process and shall contain the required regarding plaint in the suits. After the application is duly presented in a proper manner the court has the power to examine the applicant or his agent. It depends on the discretion of the court which it shall deem fit the court can either accept or reject the application.

Rejection of application:- As per Rule 5 of Order XXXIII of CPC, the court will prima facie reject an application seeking permission to sue as an indigent person in the following cases: “The Court shall reject any application for permission to sue as an indigent person –

  • where it is not framed and presented in the manner prescribed by Rules 2 and 3, or
  • where the applicant is not an indigent person, or
  • where he has, within two months next before the presentation of the application, dispose of any property fraudulently or in order to be able to apply for permission to sue as an indigent person

Provided that no application shall be rejected if, even after the value of the property disposed of by the applicant is taken into account, the applicant would be entitled to sue as an indigent person: or

  • where his allegations do not show a cause of action, or
  • where he has entered into any agreement with reference to the subject matter of the proposed suit under which any other person has obtained an interest in such subject-matter, or
  • where the allegations made by the applicant in the application show that the suit would be barred by any law for the time being in force, or
  • Where any other person has entered into an agreement with him to finance the litigation.”

Therefore, Rule 5 makes it absolutely clear that an application to sue as an indigent person can be rejected by the Court. An application to sue as an indigent person can be dismissed only under Rule 5 at the initial stage [Sunita Chemicals Pvt. Ltd. v. Canara Bank And Ors, AIR 1987 Kant 198].


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Updated On 2022-03-25T07:22:10+05:30
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