Suits by Indigent Persons (Pauper suit)—Order 33
Q. ‘A’ disposed his property worth Rs. 1,000 in August 1980 to enable himself to sue as pauper and applies for leave in September 1980. Will the application of ‘A’ be accepted or rejected by the court? Give reasons.
U.P. Judicial Service Exam. 1982
U.P. Judicial Service Exam. 1999 (similar problem).
Ans: Application of ‘A’ should be rejected by the court—Order 33, Rule 5 of Civil Procedure Code.
Reasons: This problem is based on Explanation 1 of Rule 1 of Order 33 provides that a person is an “indigent person”—(i) If he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit, or (ii) where no such fee is prescribed, when he is not entitled to property worth one thousand rupees.
Further Order 33, Rule 5 which deals with ‘Rejection of application’ lays down that the court shall reject an application for permission to sue as an indigent person if the applicant has, within two months next before the presentation of the application disposed of any property fraudulently or in order to be able to apply for permission to sue as an indigent person—Rule 5(c) of Order 33.
In this problem ‘A’ has disposed his property worth Rs. 1,000 in August 1980 (just one month before application of leave to sue as pauper was presented) to enable himself to sue as pauper.
Thus, if provision made in Rule 5(c) of Order 33 is read with Explanation 1 of Rule 1 of Order 33, it is clear that in the given case court should reject the application of ‘A’ presented to sue as pauper.
Source: Kishor Prasad, Problems & Solutions on Civil Laws, Universal