Order XXXIII Rule 11 CPC - Procedure When an Indigent Person Fails
Order XXXIII Rule 11 of the Code of Civil Procedure, 1908 explains when a plaintiff who was permitted to sue as an indigent person must pay the court-fees that were initially not collected.
What is Order XXXIII Rule 11 CPC?
Order XXXIII deals with suits by indigent persons. Rule 11 provides for recovery of court-fees when the indigent plaintiff fails in the suit, permission to sue as an indigent person is withdrawn, or the suit is withdrawn or dismissed in the circumstances specified in the rule. The court directs the plaintiff or a person added as a co-plaintiff to pay the court-fees that would otherwise have been payable.
Order 33 Rule 11 - Statutory provision
11. Procedure where indigent person fails. Where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismissed,
(a) because the summons for the defendant to appear and answer has not been served upon him in consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for such service or to present copies of the plaint or concise statement, or
(b) because the plaintiff does not appear when the suit is called on for hearing,
the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person.
Readable reproduction of the central provision, with punctuation standardized. Consult the official CPC text on India Code and applicable state or High Court amendments for authoritative wording.
Important legal terms and related provisions
Indigent person - Order XXXIII Rule 1
Under Explanation I to Rule 1, a person is indigent if they lack sufficient means, excluding property exempt from attachment and the subject matter of the suit, to pay the prescribed plaint fee. Where no such fee is prescribed, the rule provides an alternative property-value test. The other explanations address subsequently acquired property and suits in a representative capacity.
Withdrawal of permission - Order XXXIII Rule 9
The court may withdraw permission on specified grounds, including improper conduct, a change or assessment of means, or an agreement giving another person an interest in the subject matter, subject to the rule's notice requirement.
Court-fees - Order XXXIII Rules 10 to 14
Rule 10 concerns fees when an indigent plaintiff succeeds. Rule 11 governs specified unsuccessful or discontinued proceedings. Rule 11A concerns abatement on death. Rule 12 permits the State Government to apply for an order for payment; Rule 13 addresses related disputes; and Rule 14 provides for recovery through the Collector.
When is Rule 11 applied?
- The plaintiff loses: the suit is decided against the indigent plaintiff.
- Permission is withdrawn: the court withdraws the previously granted permission to sue as an indigent person.
- Specified withdrawal or dismissal: the suit is withdrawn or dismissed in the circumstances described in clauses (a) and (b), including failure to meet the identified service requirements or non-appearance when the suit is called for hearing.
The consequence under Rule 11 is a court order directing payment of the court-fees that would have been payable had indigent status not been granted. The rule expressly includes a person added as a co-plaintiff.
Court-fee recovery procedure
The court determines the applicable court-fee liability and makes the order contemplated by Rule 11. Under Rule 12, the State Government may apply for an order for payment. Under Rule 14, a copy of the decree or order is forwarded to the Collector, who may recover the amount from the liable person or property as an arrear of land revenue, without prejudice to other modes of recovery.
Practical distinction: Permission to file without paying court-fees at the outset is not necessarily a permanent exemption. The ultimate liability depends on the outcome and the relevant provisions of Order XXXIII, as well as applicable court-fee laws and local amendments.
Official legal reference
Read the Code of Civil Procedure, 1908 - India Code (official PDF) for Order XXXIII Rules 1, 9, 10, 11, 11A, 12, 13 and 14.
This article provides general legal information and is not a substitute for advice on a particular case.