Order XXXIII: Suits by Indigent Persons

Code of Civil Procedure • First Schedule Official Statutory Text & Practice Guide

Statutory Civil Practice
Mandatory Procedure
Competent Civil Court
First Schedule

Legal Commentary & Landmark Judgments: Order 33

Order XXXIII enables indigent persons (in forma pauperis) who lack sufficient means to pay prescribed court fees to institute suits without pre-paying court fees, establishing an inquiry mechanism and recovery upon decree.

  • Indigent Person Definition [R. 1]: A person is an indigent person: (a) if he is not possessed of sufficient means (other than property exempt from attachment under Section 60) to enable him to pay the fee prescribed by law, or (b) where no fee is prescribed, when he is not entitled to property worth ₹1,000.
  • Inquiry into Indigence [R. 1A]: Inquiry into means of the applicant is made in the first instance by the chief ministerial officer of the court or local revenue collector.
  • Rejection Grounds [R. 5]: Application rejected if: not framed properly, applicant is not indigent, has disposed of property fraudulently within 2 months, or allegations do not show a cause of action.
  • State Recovery from Decree [R. 10]: Where plaintiff succeeds, court fees are calculated and made the first charge on the subject-matter, payable directly to the State Government.
Key Landmark Precedents:
  • Union of India v. Khader International Construction, (2001) 5 SCC 22: The Supreme Court authoritatively analyzed Order 33, holding that the word 'person' in Order 33 includes juristic persons and companies; a corporation can sue as an indigent person if it possesses no real liquid assets to pay court fees.
  • Mathai M. Paikeday v. C.K. Antony, (2011) 13 SCC 174: The Supreme Court held that 'sufficient means' under Order 33 means capacity to raise funds by normal lawful means; ownership of encumbered or disputed property does not disentitle an applicant from suing as an indigent person.
  • R.V. Dev v. Panchanan Banerjee, (2016) 12 SCC 333: Affirmed that access to justice cannot be denied to bona fide litigants solely due to inability to tender ad-valorem court fees.
Courtroom Practice & Strategic Litigation Guidance:

If your client cannot afford heavy ad-valorem court fees on a multi-crore damages suit, file an application under Order 33 Rule 1 along with a verified schedule of moveable and immoveable properties; upon establishing indigence, the suit proceeds without advance court fees.