Facts of the Case
- ‘X’ is an indigent person, lacking the financial capacity to pay the court fee for instituting a civil suit.
- He seeks to file a suit for recovery of Rs. 1,00,000 against ‘Y’ based on a promissory note.
- He intends to invoke the provisions under Order XXXIII of the Civil Procedure Code, 1908.
- The suit involves financial recovery, and the court fee payable is beyond his means.
- He must satisfy the court that he fulfills the conditions of an indigent person as per CPC.
Issues in the Case
- Whether ‘X’ qualifies as an indigent person under Order XXXIII, Rule 1 of the CPC.
- What procedural steps must be taken to file a suit without payment of court fees?
- Whether the promissory note forms a valid and sufficient cause of action for instituting the suit.
- Whether the court has discretion to allow the suit in forma pauperis after examining the application and evidence.
- Whether any delay or fraud in disclosing the property by ‘X’ affects his entitlement to claim indigent status.
Principles Associated With It
- An indigent person is one who does not have sufficient means (other than exempted property) to pay the prescribed court fee — Order XXXIII Rule 1 CPC.
- In Union Bank of India v. Khader International Constructions, the Supreme Court emphasized that procedural technicalities should not obstruct access to justice for indigent litigants.
- Mathai M. Paikeday v. C.K. Antony clarified that the burden lies on the applicant to prove indigency, and all property, savings, or assistance must be disclosed.
- In P.K. Kuriakose v. Asgar Shakoor Patel, the court held that concealment or suppression of material facts in the application can be a ground for rejection.
- As per Jagdish Singh v. State of Rajasthan, the trial court must conduct an inquiry into the financial condition of the applicant and ascertain the genuineness of the claim before granting leave.
Judgement
- The court will first evaluate whether ‘X’ qualifies as an indigent person after conducting an inquiry into his means, under Order XXXIII Rule 1A CPC.
- If satisfied, the court may permit ‘X’ to sue as an indigent person without court fees, and the suit will be registered and proceed as an ordinary suit.
- The suit must disclose a cause of action, and the promissory note must be valid and not barred by limitation.
- Any suppression of facts or fraudulent representation will lead to dismissal of the application for filing as an indigent person.
- Upon grant of permission, if ‘X’ succeeds in the suit, the court fee will be recovered from the judgment debtor.
