ANALYSIS OF ORDER XXXIII OF CPC (RULE 1 TO 5)
Order XXXIII Of the Code of Civil Procedure talks about the suits which may be filed by Indigent Persons subject to certain provisions. Who is an Indigent Person? An indigent person is a person who does not possess sufficient means to enable him to pay the fee prescribed by law for the plaint in such a suit. Such a person,in case of not being entitled to a property worth one thousand rupees , no such fee is prescribed for him. But , if any property is acquired by him after the presentation of his application to seek permission from the court to sue as an indigent person and before the decision of this application, such a property shall be taken into account in deciding whether the person is indigent or not. The expression ” possession of sufficient means”
refers to a party’s capacity to raise funds by lawful means. Moreover Indigency is a personal economic condition and in case of death of the applicant ,his legal representatives have to prove their indigency. It is the notion of justice which evokes the rule of law. Justice means fairness and equality- i.e each person must have the right to participate in the legal process for
redressal. However the Court does not blindly allow such fairness. RULE 1A of Order 33 talks about an inquiry made by the Chief Ministerial Officer into the question whether the person is really an indigent one or not. RULE 2 talks about the contents of the application as in the particulars required in the application for permission to sue; a schedule of any movable or immovable property belonging to the applicant , with the estimated value shall be annexed. RULE 3 requires that the application shall be presented to the court , by the applicant , in person unless and until he is exempted from appearing in the court , in which case the application may be presented by an authorized agent. RULE 4 clarifies whether the application presented is in a proper form and duly presented by the applicant or his agent . RULE 5 mentions certain conditions in which the application will be rejected. These are as follow:
a) where the application is not properly framed and duly presented.
b) where the application is not an indigent person
c) where his allegations do not show a cause of action.
d) where he has, within two months next before the presentation of the application disposed of any property fradulently or in order to be able to apply for permission to sue as an indigent person
e) 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,
f) 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;
g) where any other person has entered into an agreement with him to finance the litigation
The basic object of Order XXXIII was widely discussed by the Kerala High Court in SUMATHY KUTTY v NARAYANI , where it was observed that the real test is whether the petitioner is in a position in the ordinary course to convert his possessions , if any, into liquid cash without undue hardship and delay for the purpose of paying the requisite court- fee.
Thus we see that the our INDIAN LEGAL SYSTEM gives and creates equal opportunity to every person irrespective of his social or economic status or any other incapacity. The real victory of our democracy is when the weaker sections of the society benefit by the administration of justice .