Order XXXIII Rule 16 CPC - Costs of Indigent Person Applications
Order XXXIII Rule 16 of the Code of Civil Procedure, 1908 (CPC) explains how costs incurred in seeking permission to sue as an indigent person, including the inquiry into financial means, are treated. Such costs form part of the costs in the suit, rather than automatically becoming a separate, immediately payable charge.
Order XXXIII Rule 16 CPC - Statutory provision
The costs of an application for permission to sue as an indigent person and of an inquiry into indigency shall be costs in the suit.
Source: Code of Civil Procedure, 1908 - official India Code text. The statutory language above is reproduced without editorial annotations.
Meaning and legal effect of Rule 16
Rule 16 brings two categories of expenditure into the costs of the civil suit: the costs of the application seeking permission to sue as an indigent person and the costs of the inquiry into whether the applicant qualifies. The court can address these as part of its eventual decision on costs, subject to the applicable CPC provisions, procedural rules and the circumstances of the case.
Importantly, Rule 16 does not itself determine which litigant must ultimately bear every expense. Nor does it say that an indigent applicant must deposit ordinary court fees merely because an inquiry was conducted.
Definitions and related legal provisions
Indigent person - Order XXXIII Rule 1
Under Explanation I to Rule 1, a person generally qualifies if they lack sufficient means to pay the prescribed plaint fee, excluding property exempt from attachment and the subject matter of the suit. Where no such fee is prescribed, the central rule refers to a property threshold of one thousand rupees, subject to the stated exclusions. Applicable state amendments and court rules should also be checked.
Inquiry into indigency - Order XXXIII Rule 1A
Rule 1A provides for an initial inquiry by the court's chief ministerial officer unless the court directs otherwise. The court may adopt that report or make its own inquiry. Rule 16 treats the costs of that inquiry as costs in the suit.
General power regarding costs - Section 35 CPC
Section 35 governs costs of and incidental to suits, generally placing them in the court's discretion subject to statutory conditions and reasons where required. Rule 16 identifies particular expenses that are to be included in the suit's costs; Section 35 provides the wider framework for dealing with costs.
Other provisions - Rules 10, 11, 15 and 15A
Rule 10 concerns court fees where an indigent plaintiff succeeds; Rule 11 concerns court fees in specified cases where the plaintiff fails or the proceeding ends; Rule 15 addresses a later ordinary suit following refusal of indigent status and payment of specified opposition costs; and Rule 15A permits time to pay the requisite court fee and specified costs in certain circumstances. These provisions address different liabilities and should not be confused with Rule 16's treatment of application and inquiry expenses.
Practical application
For example, where a plaintiff applies to sue without paying the court fee upfront and the court examines the plaintiff's assets, the costs properly incurred in that application and inquiry are treated as costs in the suit. The eventual allocation depends on the relevant order or decree and applicable law. The question of recovery of deferred court fees is distinct from the costs described in Rule 16.
Litigants should retain records of expenses and examine any relevant state amendment, High Court rule or judicial direction before seeking a costs order.
Frequently asked questions
Does Rule 16 waive all litigation costs?
No. It specifies that the costs of the application and inquiry are costs in the suit. It is not a general exemption from all litigation expenses.
Who pays the costs of the indigency inquiry?
Rule 16 does not itself assign those costs to one party. The court deals with costs under the applicable law and its orders.
Is Rule 16 the same as recovery of unpaid court fees?
No. Deferred court-fee recovery is addressed separately, notably by Rules 10, 11, 11A and 14.
Official legal reference
Read the Code of Civil Procedure, 1908 on India Code for the statutory text of Order XXXIII and Section 35. Check local procedural amendments where the case is filed.