CODE OF CIVIL PROCEDURE, 1908 • ORDER XXXIII

Order XXXIII Rule 15A CPC - Grant of Time for Payment of Court Fee

Order 33 Rule 15A permits a court to allow an applicant time to pay the required court fee even when permission to sue as an indigent person is rejected or refused. Subject to payment of the required fee and applicable costs within the allowed time, the suit is treated as instituted on the date of the original indigent-person application.

Text of Order XXXIII Rule 15A - CPC

Nothing contained in rule 5, rule 7 or rule 15 shall prevent a Court, while rejecting an application under rule 5 or refusing an application under rule 7, from granting time to the applicant to pay the requisite court-fee within such time as may be fixed by the Court or extended by it from time to time; and upon such payment and on payment of the costs referred to in rule 15 within that time, the suit shall be deemed to have been instituted on the date on which the application for permission to sue as an indigent person was presented.

Meaning and legal effect of Rule 15A

An indigent person is a person who satisfies the financial eligibility test prescribed in the Explanation to Order XXXIII Rule 1. Such a person may seek permission to institute a civil suit without paying the prescribed court fee at the outset. Rule 15A provides an alternative when the application for that permission is unsuccessful.

The court may specify a deadline for payment of the requisite court fee and may extend that deadline from time to time. This is a discretionary power, not an automatic entitlement to unlimited extensions. The applicant must also pay any costs covered by Rule 15 within the permitted period.

Deemed date of institution: If the required payments are made within the time fixed or extended by the court, the suit is deemed instituted on the date the application to sue as an indigent person was originally presented. This legal fiction can matter when considering limitation, but it does not dispense with the other legal requirements for maintaining the suit.

How Rules 5, 7 and 15 relate to Rule 15A

Order XXXIII Rule 5 - Rejection of application

Rule 5 specifies grounds on which the court must reject an application to sue as an indigent person, including failure to satisfy prescribed requirements or the statutory indigency test. Rule 15A allows the court, when rejecting an application under Rule 5, to give time to pay the court fee.

Order XXXIII Rule 7 - Procedure at hearing

Rule 7 governs the hearing and determination of the application after the prescribed inquiry and evidence. If permission is refused under Rule 7, Rule 15A can still permit time to pay the required fee.

Order XXXIII Rule 15 - Subsequent applications and costs

Rule 15 generally bars a further application of the same nature in respect of the same right to sue after refusal of permission, but preserves the ability to institute an ordinary suit subject to payment of applicable costs. Rule 15A expressly requires payment of the costs referred to in Rule 15, where applicable, within the time allowed.

Practical steps after refusal of indigent status

1. Review the court's order to identify whether the application was rejected under Rule 5 or refused under Rule 7.
2. Request time under Rule 15A to pay the requisite court fee, explaining the time needed and any relevant circumstances.
3. Comply with the deadline set by the court, or apply for an extension before expiry where appropriate.
4. Pay the requisite court fee and any costs under Rule 15 within the time allowed; preserve proof of payment.
5. Confirm that the court has recorded compliance and the deemed date of institution in the case record.

Applicable state court-fee legislation, local amendments, and court rules should be checked for the amount payable and filing procedure.

Frequently asked questions

Does rejection of indigent status automatically end the proposed suit?

No. Rule 15A enables the court to grant time for payment of court fees in the situations specified by the rule. Whether that relief is granted depends on the court's order and compliance with its conditions.

Can the court extend the time to pay?

Yes. Rule 15A expressly permits the court to extend the time fixed for payment from time to time.

What date is treated as the institution date?

When the required court fee and Rule 15 costs are paid within the permitted time, the suit is deemed instituted on the date the original application for permission to sue as an indigent person was presented.

Official legal source

Read the Code of Civil Procedure, 1908 (India Code, official PDF), including Order XXXIII Rules 1, 5, 7, 15 and 15A. Check any applicable state amendments and court rules before relying on the provision in a particular case.

This article provides general legal information and is not a substitute for advice on a specific case.