WHO IS AN INDIGENT PERSON?

Order XXXIII of the Civil Procedure Code, 1908 deals with Suits by Indigent Persons. An indigent person is one who is not financially stable to proceed with the filing of a suit.

There are 2 qualifications to be an indigent person: The person has no means to pay, the property must value less than INR 1000.

An indigent person is one who, either does not have adequate means to pay court fees or is not entitled to property worth one thousand rupees. If an Indigent person fails to pay the court fee in a suit filed by him, the State Government must bear the remaining damages. If the case was won by the indigent party, then he should not be held responsible for costs, penalties, or damages.

Basically, what this order has provided is the basic provision for the excessively poor individuals for whom it is difficult to file a suit.  The legal aid behind this is to allow an individual to bring his case to the court, no matter from what their condition is. It not only protects Bonafide cases of an indigent plaintiff by natural justice but also protects the interest of the revenue and protects the defendant from legal abuse.

This order has 18 rules which conveys regarding

  1. Who is an indigent person
  2. Contents of application filed by an indigent person
  3. Presentation of application
  4. Examination of applicant
  5. Rejection of applicant
  6. Procedure at hearing
  7. Withdrawl of permission to sue as an indigent person
  8. procedure where indigent person fails

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