Hello friends, in this article an attempt has been made to explain in simple terms who is a poor person and how can a poor person file a suit in the court, i.e. the procedure prescribed by the Code of Civil Procedure, 1908 for filing a suit by a poor person.
Introduction – Poor person
As we know that a large population of India lives in poverty, due to which it is very difficult for them to bear all the expenses of litigation in the court and thus they are deprived of enforcing their rights.
Keeping in mind the solution to this problem, provision has been made under Article 39A of the Indian Constitution for the deprived and poor sections of the society that no person in the state should be deprived of justice merely on the basis of poverty.
Article 39A of the Constitution, apart from protecting the interests of the weaker sections of the society, also provides free legal aid to the poor and weaker sections of the society and ensures justice for all.
Articles 14 and 22(1) of the Constitution also provide for a legal system which shall be binding on the State for the purpose of ensuring equality before the law and promoting justice.
Similar arrangements have been made in the Civil Procedure Code, 1908 to provide access to justice to poor people. In this regard, provision for ‘Suits by indigent persons’ has been made in Order 33 of the Code.
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Who is a poor person
Rule 1 of Order 33 of the Code provides that a suit can be instituted by any poor person. The term ‘poor person’ has been defined in its explanation. According to this, a poor person means a person who-
(a) does not have sufficient means to pay the duty prescribed by law for any suit, other than the property free from attachment in execution of a decree, or
(b) where court fees are not prescribed, he does not possess any property worth more than ₹ 1000/- (one thousand rupees), excluding property free from attachment in execution of a decree or the subject of suit.
The word ‘person’ used in Rule 1 includes a juristic person. As a juristic person, a person can sue in the capacity of an indigent person. Similarly, a partnership firm can also sue as an indigent person.
Case – O.P. Neelam Hosiery Works vs. State Bank of India, AIR 1994 Himachal Pradesh 11
The words ‘adequate means’ do not mean substantial assets, it does not include means on which the livelihood of the party and his family depends.
Case – Fatimunnisa Begum vs Dr. Himavathi, AIR 2000 Andhra Pradesh 5
According to this case, where a woman is extremely poor, the financial condition of the husband is very weak and he does not have sufficient means of income for her maintenance, then it is justified for her to file a case as a poor person.
It is worth mentioning here that for filing a suit as a poor person, the property of the father of a minor is not considered to be included in his property.
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Procedure for filing a suit by a poor person
The procedure for establishing a case as a poor person has been mentioned in rule 1a, 2, 3 and 4 of Order 33. According to these –
(a) The person suing as an indigent shall present an application to the Court stating the particulars of the subsequent plaint.
(b) Details of all movable and immovable properties of the applicant along with their value shall be given along with it.
(c) Such application shall be signed and verified like a plaint. (Rule 2)
(d) Such application shall be submitted by the applicant himself and in case he is exempted from personal appearance, it may be submitted by his authorised agent. (Rule 3)
(e) On making such an application the Chief Ministerial Officer of the Court shall make an inquiry as to whether the applicant is indigent. (Rule 1A)
(f) Such applicant can also be examined by the court. Such examination has been done. Accordingly, on application by the defendant or the government advocate, the permission can be withdrawn by giving 7 days’ notice to the plaintiff on the following grounds –
(a) that the conduct of the plaintiff during the suit has been improper or vexatious,
(b) That the plaintiff has sufficient means due to which he should not be considered indigent.
(c) that some person has acquired an interest in the subject-matter of the suit under an agreement made with the plaintiff.
In this regard, Babu v. Vanumathi Menon (AIR, 2005 Kerala (155) is a notable case. In this case, permission to institute a suit as indigent for specific performance of a contract was not granted because-
(i) The plaintiff had not given details of all his property, and
(ii) It was not represented by the plaintiff that he was ready and willing to pay the outstanding purchase price.
It is worth mentioning here that even in cases instituted as poor, court fee has to be paid ultimately. In this regard, the following arrangements have been made in rules 10 to 12 –
(1) Where the plaintiff succeeds in a suit instituted as indigent, he shall have to pay court fees. Such court fees shall be deemed to be the first charge on the subject-matter of the suit.
(2) Court fees are also payable by the plaintiff in the following cases –
(a) where he subsequently fails;
(b) If he ceases to be poor.
(c) if the suit is withdrawn by him;
(d) If his suit is dismissed on account of his absence or because of not being served with the process. or
(e) If the suit abates by reason of the death of the plaintiff.
In all the above cases court fee is payable, but such court fee can be refunded only at the end of the proceedings. (Zulfiqar Hussain vs State of Uttar Pradesh, AIR 1981 Allahabad 408)
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