Order XXXIII Rule 13 CPC - State Government Deemed a Party

Order XXXIII Rule 13 CPC - Statutory provision

State Government to be deemed a party. All matters arising between the State Government and any party to the suit under rule 10, rule 11, rule 11A or rule 12 shall be deemed to be questions arising between the parties to the suit within the meaning of section 47.

Source: Code of Civil Procedure, 1908 - official India Code PDF.

Meaning and scope of Rule 13

Rule 13 creates a limited legal deeming provision. When a question arises between the State Government and a party under the specified rules concerning court-fees, the question is treated as one arising between parties to the suit for the purposes of Section 47 CPC. This does not make the Government a defendant for every substantive claim in the underlying suit.

An indigent person is a person who satisfies the financial eligibility conditions prescribed by Order XXXIII Rule 1, subject to the applicable explanations and rules. Such a person may be permitted to institute a suit without paying the prescribed court-fee at the outset, but court-fee liability can arise later under the Code.

Related provisions of Order XXXIII

• Rule 10 - Costs where indigent person succeeds: provides for recovery of court-fees from the party directed by the decree to pay them.
• Rule 11 - Procedure where indigent person fails: addresses court-fees where the plaintiff fails, permission is withdrawn, or the suit is withdrawn or dismissed in specified circumstances.
• Rule 11A - Procedure where indigent person's suit abates: provides for recovery of court-fees from the estate of the deceased plaintiff where the suit abates by reason of a specified death.
• Rule 12 - State Government may apply: authorizes the State Government to apply for an order for payment of court-fees under Rules 10, 11 or 11A.
• Rule 14 - Recovery of court-fees: provides for forwarding the decree or order to the Collector, who may recover the specified amount as an arrear of land revenue, without prejudice to other recovery methods.

Section 47 CPC - Why it matters

Section 47(1) requires questions arising between parties to the suit, or their representatives, and relating to execution, discharge or satisfaction of a decree to be determined by the executing court rather than by a separate suit. Order XXXIII Rule 13 applies that framework to the specified court-fee disputes involving the State Government.

Accordingly, a dispute over court-fee liability within the scope of Rule 13 is generally raised in the relevant proceedings, not pursued through a separate civil suit merely to decide that execution-related question. The precise forum and procedure depend on the decree or order, the nature of the dispute and applicable local rules.

Read the official text of Section 47 CPC on India Code.

Illustration

A plaintiff is allowed to sue as an indigent person. After the case is decided, an order is made concerning the court-fees payable under Order XXXIII Rule 10. If a party disputes the State Government's entitlement to recover those court-fees, Rule 13 treats that dispute as a question between parties for Section 47 purposes. This illustration explains the procedure; it does not decide the liability in any particular case.

Frequently asked questions

Does Rule 13 automatically make the State Government a defendant?

No. It deems the Government a party for the limited purpose of matters arising under Rules 10, 11, 11A and 12 within the meaning of Section 47 CPC.

Can the State Government seek payment of court-fees?

Yes. Rule 12 permits the State Government to apply for a court-fee payment order under Rules 10, 11 or 11A.

Is a separate civil suit necessary for disputes covered by Rule 13?

Section 47 directs the executing court to decide covered execution-related questions, rather than requiring a separate suit.