Order XXXIII Rule 15 CPC - Refusal to Sue as an Indigent Person
Order XXXIII Rule 15 explains what happens when a court refuses permission to institute a civil suit as an indigent person. It restricts a fresh application for the same right to sue but does not, by itself, prevent an ordinary civil suit, subject to payment of applicable costs and court fees.
What does Order XXXIII Rule 15 provide?
Rule 15 - Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature.
An order refusing to allow the applicant to sue as an indigent person shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right; provided that the plaint shall be rejected if he does not pay, either at the time of the institution of the suit or within such time thereafter as the Court may allow, the costs (if any) incurred by the State Government and by the opposite party in opposing his application for leave to sue as an indigent person.
Statutory provision reproduced in substance without editorial amendment. See the official Code of Civil Procedure, 1908 on India Code, First Schedule, Order XXXIII, Rule 15. Check any applicable State or High Court amendments.
Meaning and legal effect of Rule 15
1. Bar on another similar application
When permission to sue as an indigent person has been refused, the applicant cannot ordinarily file another application of the same nature concerning the same right to sue. The rule addresses a repeat request for indigent-person status; it does not itself decide the merits of the underlying claim.
2. Ordinary suit remains possible
The applicant may institute a suit in the ordinary manner regarding that right. This is subject to the ordinary requirements governing civil suits, including applicable court fees, limitation and procedural rules. Refusal of indigent status is not automatically a dismissal of the substantive cause of action.
3. Costs of the earlier application must be paid
If the State Government or the opposite party incurred costs in opposing the application and such costs are payable under Rule 15, the applicant must pay them when instituting the ordinary suit or within further time allowed by the court. Failure to pay within the permitted period attracts the express consequence under Rule 15: rejection of the plaint.
Who is an indigent person under Order XXXIII?
Order XXXIII Rule 1 permits a person who meets the statutory means test to institute a suit as an indigent person. Under Explanation I, the assessment generally considers whether the applicant has sufficient means to pay the prescribed plaint fee, excluding property exempt from attachment and the subject matter of the suit. Where no fee is prescribed, the rule contains a separate property-value test. The court examines the applicant's means under the applicable rules; indigency is not established merely by an assertion of poverty.
Related rules: Rule 5, Rule 7 and Rule 15A
- Rule 5: Specifies grounds on which an application for permission to sue as an indigent person must be rejected, including specified procedural and eligibility defects.
- Rule 7: Provides for the hearing and decision on whether the applicant should be allowed to sue as an indigent person.
- Rule 15A: Enables the court, when rejecting an application under Rule 5 or refusing one under Rule 7, to grant or extend time to pay the requisite court fee. If the court fee and the costs referred to in Rule 15 are paid within that time, the suit is deemed instituted on the date the indigent-person application was presented.
- Rule 16: Treats the costs of the indigency application and inquiry as costs in the suit.
These provisions should be read together. In particular, Rule 15A may protect the original filing date where its conditions are satisfied; the benefit is not automatic if the required payments are not made within the time fixed or extended by the court.
Practical example
A plaintiff applies to bring a property dispute without paying the prescribed plaint court fee, claiming indigent status. The court refuses permission after considering the application. Under Rule 15, the plaintiff cannot simply repeat the same kind of application for the same right to sue. The plaintiff may nevertheless pursue the claim as an ordinary suit, subject to the required court fee, any costs payable under Rule 15 and other applicable procedural requirements. The court may also consider relief under Rule 15A in the circumstances specified there.
Frequently asked questions
Does rejection of indigent status mean the civil claim is lost?
No. Rule 15 expressly preserves the ability to institute an ordinary suit concerning the same right, subject to the statutory requirements and other applicable law.
Can the applicant file a second indigent-person application?
A refusal to allow the applicant to sue as an indigent person bars a subsequent application of like nature for the same right to sue under Rule 15. The precise effect of a particular order depends on its nature and the governing procedural law.
Can the court allow time to pay court fees?
Yes. Rule 15A authorizes the court in the circumstances it specifies to allow time, including extensions, for payment of the requisite court fee, subject also to payment of the applicable Rule 15 costs.
Official legal reference
Read the Code of Civil Procedure, 1908 (India Code, official PDF) for the text of Order XXXIII Rules 1, 5, 7, 15, 15A and 16. State amendments and High Court rules may affect local procedure.