1. Suits By Indigent Person

Order 33 of the Code of Civil Procedure provides for civil suits that may be filed by a person even without payment of a court fee. Therefore, a suit instituted without paying court fees by a person who is incapable of paying court fees is characterized as a suit instituted by an indigent person or a suit instituted in forma pauperis.

2. Legal Provisions

Legal provision for the institution of suits by an indigent person has been provided under Order 33 of the Code of Civil Procedure. This order consists of 18 rules that provide details on procedure, such as how permission for filing a suit by an indigent person may be obtained, if such permission has been obtained by misrepresentation, how it is to be withdrawn, and how the pleader is to be appointed to represent the indigent person's case after its filed.

3. Who is an Indigent Person?

A person is an indigent person if he does not have sufficient means to pay the fee prescribed by law for such a suit. Here it is clear that a person may have means for his livelihood that consist of property that is exempt from attachment in the execution of a decree and the subject-matter of the suit. So apart from the subject matter of the suit and such other property that cannot be attached in execution of a court decree, an indigent person does not have other property or means to pay for the prescribed court fees.

However, there may be a case where no such fee is prescribed. In that case, a person is said to be an indigent person 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.

Moreover, any property that is acquired by a person after the filing of the application for permission to sue as an indigent person and before the decision on the application shall be taken into account in deciding whether the applicant is an indigent person or not.

Furthermore, if a suit is filed by the plaintiff in a representative capacity, the question whether he is an indigent person shall be determined with reference to the means possessed by him in such a capacity.

Therefore, a person shall be deemed to be an indigent person if he does have means exceeding one thousand rupees in value. However, if such a person has property worth more than a thousand rupees, it is insufficient to pay the fees prescribed by law. Without any doubt, property that is either the subject matter of a dispute or that is exempt from attachment in execution of a decree shall not be considered to be property in his possession for the purpose of determining his status as an indigent person.

4. A.A. Haja Muniuddin v. Indian Railways

In A.A Haja Muniuddin v. Indian Railways, the court held that Access to justice cannot be denied to an individual merely because he does not have the means to pay the prescribed fee.

Rule1 gives us the definition of an indigent person. Any person who does not possess sufficient means to pay the requisite fee as prescribed by the Court Fee Act. However, Rule 1 also states that while considering sufficient means, the valuation of the property possessed by an indigent person will be exempted from attachment in execution of a decree and the subject matter of the suit. Such exempted property is the basic need of living for the individuals. Thus, as per law, it is not permitted to be attached.

In cases where no such fee is prescribed by the Court Fee Act and if the applicant does not possess property worth one thousand rupees or where the cost of the property is less than one thousand rupees, then in such case, the person will be considered as an indigent person. However, this rule has the same exception as mentioned above. It states that while calculating the valuation of the property, Section 60 of Code Of Civil Procedure has to be kept in mind.

Following properties are exempted and must not be attached while calculating the valuation of the property possessed by the indigent person:

(a)The necessary wearing apparel, cooking vessels, beds;

(b)tools of artisans, agriculturist;

(c)houses and buildings belonging to an agriculturist, labourer or a domestic servant;

(d)books of account;

(e)a mere right to sue for damages;

(f)any right of personal service;

(g)stipends and gratuities allowed to pensioners;

(h)the wages of labourers and domestic servants;

(i)salary to the extent of the first four hundred rupees and two-third of the remainder in the execution of any decree other than a decree for maintenance:

(ia)one-third of the salary in the execution of any decree for maintenance;

(j) the pay and allowances of persons to whom the Air Force Act,1950 or the Army Act,1950 or the Navy Act (62 of 1957), applies;

(k) compulsory deposits and sums to which Provident Funds Act, 1925.

(ka) deposits and sums to which the Public Provident Fund Act applies;

(kb)all money payable under a judgment debtors policy of insurance;

(kc)the interest of a lessee of a residential building;

(l)any allowance forming part of the emoluments of any government servant;

(m)an expectancy of succession by survivorship or other merely contingent or possible right or interest;

(n)a right to future maintenance;

(o)any allowance declared by any Indian law to be exempt from liability to attachment or sale in execution of a decree; and

(p)where the judgment-debtor is a person liable for the payment of land revenue; any movable property which, under any law for the time being applicable to him, is exempt from sale for the recovery of arrears of such revenue.

5. Legal Representative as an Indigent

In Lakshmi v. Vijaya Bank, R.V. Revanna filed a petition under Order 33 Rule 1 and Rule 7 wherein he represented himself to be an indigent person. The respondent contended the petitioner to be an indigent person and questioned his indigency. Before the cross-examination of the petitioner took place, he died leaving behind his wife and children. Thereafter an application was filed by the petitioners wife to permit them to file the suit as a legal representative. The trial court observed that in case of the death of the applicant, the legal representatives wont be permitted to substitute the indigent person as the right to sue as an indigent person is a personal right. However, the high court admitted the application filed by the legal representative and allowed them to file the petition as indigent persons.

6. Procedure To File a Suit as an Indigent Person

Before filing a suit as an indigent person begins, it is important to add all the relevant contents in the application seeking permission to be an indigent person [Rule 2]. As per Rule 2 of Order XXXIII, the application must include the particulars similar to what is mentioned in the plaint and all movable or immovable properties of the indigent person/applicant along with its estimated value.

The indigent person/applicant shall himself in person present the application before the court. In case, such a person is exempted from appearing in the court, an authorized agent may present the application on his behalf. In certain circumstances where there are two or more plaintiffs, the application can be presented by any of them. [Rule 3]. The suit begins as soon as the application to sue as an indigent person is duly presented before the court. Subsequently, the indigent person/applicant is examined by the court. However, if the applicant is being represented by his agent, then in such a case, the court may examine the applicant by the commission [Rule 4].

7. Conclusion