Order XXXIII Rule 2 CPC - Contents of Application by an Indigent Person

Order XXXIII Rule 2 of the Code of Civil Procedure, 1908 specifies what an application must contain when a person seeks permission to institute a civil suit as an indigent person.

Text of Order XXXIII Rule 2 CPC

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

Meaning and requirements of Rule 2

Order XXXIII concerns suits by indigent persons. Rule 2 is a procedural provision: it prescribes the content and formal verification of the application seeking permission to sue under this Order. It does not, by itself, decide whether the applicant qualifies as indigent.

1. Particulars required in a plaint: The application must set out the information ordinarily required in a plaint, including the parties, material facts constituting the cause of action, the relief sought and relevant jurisdictional particulars, as applicable under Order VII CPC.
2. Schedule of property: A schedule listing any movable and immovable property belonging to the applicant must be annexed.
3. Estimated property values: The schedule must state the estimated value of the listed property so the court can assess the applicant's means.
4. Signature and verification: The application must be signed and verified in the manner prescribed for pleadings, including the relevant requirements of Order VI Rules 14 and 15 CPC.

Who is an indigent person under Order XXXIII Rule 1?

Rule 1 and its explanations govern eligibility. Broadly, an applicant is indigent if they lack sufficient means to pay the prescribed court fee, excluding property exempt from attachment and the subject matter of the suit. Where no such fee is prescribed, the statutory alternative property-value test applies. Property acquired after filing and before determination may also be considered; representative suits are assessed with reference to means held in that capacity.

These statutory tests, relevant state amendments and applicable court-fee rules must be checked in the jurisdiction concerned. An application under Rule 2 should therefore disclose assets accurately rather than assume that low income alone establishes eligibility.

Procedure after preparing the application

Rule 3 addresses presentation of the application, ordinarily by the applicant personally unless an exception applies. Rule 1A provides for an initial inquiry into means by the court's chief ministerial officer unless the court directs otherwise. Rule 4 permits examination of the applicant in appropriate cases. Under Rule 5, an application that is not framed and presented in accordance with Rules 2 and 3 is liable to rejection, subject to the applicable statutory framework.

If the application proceeds, Rules 6 and 7 regulate notice, evidence and hearing; Rule 8 addresses the procedure where permission is granted. The decision on indigency and the merits of the civil claim are distinct matters.

Illustrative checklist

• Provide the court's name, parties' particulars, cause of action, jurisdictional facts and the relief claimed.
• Annex a property schedule covering relevant movable and immovable assets with estimated values.
• Include the prescribed signature and verification, supported by the required factual statements.
• Check local court rules, applicable amendments and any required supporting documents before filing.

Important: This article explains the central CPC framework. State amendments, court rules and individual circumstances may affect filing requirements and the court's assessment.

Official legal references

Read the Code of Civil Procedure, 1908 on India Code and the official statutory PDF for Order XXXIII, Order VI and Order VII.