Indigent Suits under Indian Law: Meaning, Provisions, and Procedure

The Indian legal system upholds the principle of access to justice for all. However, litigation can be expensive, making it difficult for economically weaker sections to approach the courts. To address this, Indian law allows for the filing of indigent suits—a legal provision ensuring justice for those who cannot afford court fees. This concept is enshrined in the Code of Civil Procedure, 1908 (CPC).

What is an Indigent Suit?

An indigent suit refers to a legal suit filed by a person who is unable to pay the prescribed court fee due to poverty or lack of sufficient means. According to Order XXXIII (Order 33) of the CPC, such a person is permitted to sue as an indigent person (previously known as a pauper), subject to certain conditions.

The objective is to remove financial barriers and ensure equal access to legal remedies, thereby promoting social justice.

Definition of Indigent Person under CPC

Under Explanation I of Rule 1 of Order XXXIII, an indigent person is someone who:

• Does not possess sufficient means (other than property exempt from attachment in execution of a decree and the subject matter of the suit), and
• Is not entitled to property worth ₹1000 or more (exclusive of exempt property).

If a person meets these criteria, they can file a plaint as an indigent person, exempt from paying court fees at the time of institution of the suit.

Eligibility Criteria for Filing as an Indigent Person

To file an indigent suit, the applicant must satisfy the following:

1. Lack of sufficient means to pay court fees.
2. The subject matter of the suit must not be included when calculating the applicant’s property.
3. Assets held in trust for others cannot be counted.
4. The person must not have disposed of any property fraudulently or in anticipation of filing the suit, within two months prior to the application.

Procedure for Filing Indigent Suits

The process of filing an indigent suit is governed by Order XXXIII, Rules 1 to 15 of CPC.

1. Submission of Application

The indigent person must file an application (plaint) stating:

• Details of property owned,
• Inability to pay court fees,
• Nature of claim or relief sought.

2. Preliminary Examination

The court may examine the applicant on oath regarding the facts of the application, especially about income and assets.

3. Notice to Government Pleader

The court issues a notice to the Government Pleader, allowing them to oppose the claim of indigency.

4. Inquiry

An inquiry is conducted to verify:

• Truthfulness of the applicant’s claims,
• Any property disposed of in bad faith.

5. Court Decision

If the court is satisfied that the applicant qualifies as an indigent person, it permits the suit to proceed without court fees.

If rejected, the applicant can file the suit in the ordinary manner by paying the prescribed fees.

Grounds for Rejection of Indigent Suit Application

The court can reject an indigent suit application under the following circumstances:

1. Fraudulent disposal of property within two months before the application.
2. False statements in the application regarding financial status.
3. If the applicant is not indigent.
4. The application does not disclose a cause of action.
5. The applicant has entered into an agreement giving interest in the subject matter of the suit to another person.

Rights of an Indigent Person

Once permitted to sue as an indigent person:

• They are not required to pay court fees.
• They have the same rights in the proceedings as any other plaintiff.
• They can be represented by a pleader, and in some cases, legal aid may be provided.

If the indigent person wins the case, court fees are recoverable from the opponent as part of the costs.

Withdrawal of Permission

The court may withdraw permission to sue as an indigent person if:

• The person becomes financially capable,
• The suit is transferred to another person,
• The person is guilty of improper conduct.

Appeals by Indigent Persons

Order XLIV (Order 44) of CPC allows indigent persons to file appeals without paying court fees, provided they prove indigency similarly as in original suits.