Civil Procedure Code, 1908 | Order XXXIII | Rule 10

Order XXXIII Rule 10 CPC - Costs Where an Indigent Person Succeeds

Order 33 Rule 10 of the Code of Civil Procedure, 1908 governs the court fees recoverable when a plaintiff who was permitted to sue as an indigent person succeeds in the civil suit. It protects access to the courts without automatically waiving the State's right to recover the deferred court fees.

Text of Order XXXIII Rule 10 CPC

Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person; such amount shall be recoverable by the State Government from any party ordered by the decree to pay the same and shall be a first charge on the subject-matter of the suit.

Meaning and legal effect

Indigent person: A person permitted to institute a suit without paying the usual court fee at the outset, subject to the conditions in Order XXXIII Rule 1 and other applicable provisions. This is a procedural concession concerning court fees, not a decision on the merits of the claim.

Court fees: Statutory fees payable for instituting and pursuing proceedings, as determined under the applicable court-fee legislation and relevant State amendments. Rule 10 addresses the court fees that would otherwise have been payable by the plaintiff.

First charge: A statutory priority claim over the subject-matter of the suit for the amount recoverable by the State Government under this rule. Its practical enforcement depends on the nature of the property, the decree and applicable law.

How Rule 10 operates

Successful suit: The court first determines that the plaintiff who was permitted to sue as an indigent person has succeeded in the suit.
Assessment: The court calculates the court fees that would have been payable had the plaintiff not obtained permission to sue as an indigent person.
Decree: Recovery is directed against the party whom the decree orders to pay those court fees. It is not necessarily the defendant in every case.
State recovery: The calculated amount is recoverable by the State Government and constitutes a first charge on the subject-matter of the suit.

Rule 8 explains the effect of admission of an indigent person's application: the application becomes the plaint and the suit proceeds ordinarily, with specified exemptions from court fees and process fees. Rule 9 concerns withdrawal of permission in specified circumstances. Rules 11 and 11A deal with court-fee consequences in other outcomes, including failure of the plaintiff or abatement, subject to their exact terms and applicable amendments.

Illustration

A plaintiff permitted to sue as an indigent person wins a civil suit. If the court calculates that the ordinary court fee would have been Rs. 12,000 and the decree directs the defendant to pay it, the State Government may recover Rs. 12,000 from that defendant under Rule 10. The amount is a first charge on the subject-matter of the suit. The figure is illustrative; the actual fee depends on the applicable court-fee law and the court's assessment.

Frequently asked questions

Does an indigent plaintiff have to pay court fees before filing the suit?

When permission under Order XXXIII is granted, Rule 8 provides the specified court-fee exemption during the suit. Rule 10 addresses recovery of court fees after the plaintiff succeeds.

Does the State recover court fees automatically from the losing defendant?

No. Rule 10 permits recovery from the party ordered by the decree to pay the amount. The decree and the applicable law determine the liability.

Is the amount under Rule 10 the same as legal costs awarded to a party?

Not necessarily. Rule 10 specifically concerns the court fees that would have been payable; other costs of litigation are governed by separate provisions and orders.

Official legal resources

Read the India Code legislative database for the Code of Civil Procedure, 1908 and applicable amendments, and consult the Legislative Department, Government of India for official legislative resources. State-specific court-fee legislation, High Court rules and amendments should also be checked where relevant.

Important: This article explains the general central CPC provision. State amendments, court-fee legislation and case-specific decrees may affect the applicable result. It is informational and does not replace legal advice.