Order XXXIII Rule 1 CPC - Suits by Indigent Persons
Order XXXIII Rule 1 of the Code of Civil Procedure, 1908 allows a person without sufficient means to institute a civil suit as an indigent person, subject to the conditions and procedure laid down in Order XXXIII.
Order XXXIII Rule 1 - Statutory provision and meaning
Rule 1 - Suits may be instituted by indigent persons. Subject to the following provisions, any suit may be instituted by an indigent person.
Explanation I(a): Where a plaint fee is prescribed, a person is indigent if they lack sufficient means to pay it, excluding property exempt from attachment in execution of a decree and the subject matter of the suit.
Explanation I(b): Where no such fee is prescribed, the statutory central-rule test refers to property worth one thousand rupees, excluding property exempt from attachment and the subject matter of the suit.
Explanation II: Property acquired after applying for permission but before the application is decided is taken into account.
Explanation III: When the plaintiff sues in a representative capacity, indigency is determined with reference to the means possessed in that capacity.
The above is a structured explanation of the central provision, not a substitute for the operative statutory text. Read the official CPC text on India Code and check applicable High Court or State amendments.
Who is an indigent person under the CPC?
An indigent person is someone who meets the financial eligibility test in Order XXXIII Rule 1. The inquiry is not limited to salary or cash in hand: the court considers the person's available means, relevant property and the court fee payable, subject to the statutory exclusions.
Property excluded from the calculation
The subject matter of the proposed suit and property exempt from attachment in execution of a decree are excluded under Explanation I. The attachment exemptions are addressed principally by Section 60 CPC, subject to its terms and applicable amendments.
Why the one-thousand-rupee figure appears
The amount of Rs. 1,000 appears in Explanation I(b) of the central text only for cases where no plaint fee is prescribed. It is not a universal income ceiling for all indigency applications. Local amendments may modify the applicable test.
How to apply to sue as an indigent person
- Prepare the application: Under Order XXXIII Rule 2, include the particulars required in a plaint and a schedule of movable and immovable property with estimated values; sign and verify it as required.
- Present the application: Order XXXIII Rule 3 ordinarily requires personal presentation, subject to specified exceptions.
- Financial inquiry: Rule 1A provides for an inquiry into means, ordinarily initially by the chief ministerial officer unless the court directs otherwise.
- Judicial consideration: Rules 4 to 7 deal with examination, rejection grounds, notice, evidence and hearing.
- Decision: If permission is granted, Rule 8 governs how the suit proceeds. Rules 9 onward address withdrawal of permission and related consequences.
Important legal considerations
The court may assess financial resources available in practice, not simply whether an applicant owns an asset on paper. A person's means can change while the application is pending, and Explanation II requires the court to take qualifying later-acquired property into account. An applicant should disclose assets and relevant circumstances accurately.
Permission to sue as an indigent person does not establish the merits of the underlying claim, guarantee free legal representation or permanently extinguish potential court-fee liability. Other provisions of Order XXXIII regulate those matters.
Related provisions and official resources
- India Code - Code of Civil Procedure, 1908 (official text)
- India Code - central legislation portal
- Order XXXIII Rule 1A - Inquiry into means
- Order XXXIII Rule 2 - Contents of application
Legal information is general in nature. The relevant court rules, state amendments and facts of the case should be checked before filing.