Order XXXIII Rule 3 CPC - Presentation of Application by an Indigent Person
Order 33 Rule 3 of the Code of Civil Procedure, 1908 governs how an application for permission to sue as an indigent person must be presented to the court. Ordinarily, the applicant must present it personally, subject to the statutory exception.
Text of Order XXXIII Rule 3 - Presentation of application
Notwithstanding anything contained in these rules the application shall be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, in which case the application may be presented by an authorised agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person:
Provided that, where there are more plaintiffs than one, it shall be sufficient if the application is presented by one of the plaintiffs.
Meaning and purpose of Rule 3
This rule sets out the method of presenting an application to sue without initially paying the prescribed court fee on the basis of indigency. Personal presentation allows the court to address questions about the applicant's financial means and the claim. The rule deals with presentation of the application; it does not itself establish eligibility or guarantee permission to sue as an indigent person.
1. Personal presentation is the general rule
The applicant ordinarily presents the application in person before the competent court. Merely filing it through another person is not the general statutory method under Rule 3.
2. Presentation by an authorised agent
Where the applicant is exempted from appearing in court, an authorised agent may present the application. That agent must be able to answer all material questions about the application and may be examined as the applicant could have been examined. The exception is not an unrestricted right to file through any representative.
3. Where there are multiple plaintiffs
The proviso expressly allows one of the plaintiffs to present the application when there is more than one plaintiff. The other requirements governing the application and the court's inquiry remain applicable.
Related provisions under Order XXXIII CPC
- Rule 1 - Suits by indigent persons: provides for institution of suits by eligible indigent persons and explains the statutory assessment of means.
- Rule 1A - Inquiry into means: addresses the initial inquiry by the chief ministerial officer, subject to the court's directions.
- Rule 2 - Contents of application: requires plaint particulars, a schedule of movable and immovable property with estimated values, and proper signing and verification.
- Rule 4 - Examination of applicant: permits the court to examine the applicant or authorised agent; an examination by commission may be ordered in appropriate cases.
- Rule 5 - Rejection of application: includes non-compliance with Rules 2 and 3 among grounds for rejection, subject to applicable law.
Practical steps for presenting the application
- Prepare the application with the particulars required for a plaint and a schedule of property as prescribed by Rule 2.
- Sign and verify the application in the manner prescribed for pleadings.
- Present the application personally, unless a lawful exemption from appearance applies.
- If an authorised agent presents it under the exception, ensure the agent can answer material questions and has proper authority.
- Where several plaintiffs are involved, presentation by one plaintiff is sufficient under the proviso.
- Be prepared for examination and inquiry under the succeeding rules.
Does an authorised advocate automatically replace personal presentation?
No. Rule 3 specifically requires personal presentation unless the applicant is exempted from appearing in court. The possibility of representation by counsel should not be confused with the statutory requirement for presenting an indigency application. Any applicable High Court amendment or court direction must also be checked.
Official statutory reference
Read the Code of Civil Procedure, 1908 on India Code (official PDF), particularly Order XXXIII Rules 1 to 5. Local High Court amendments and applicable procedural rules may modify practice in a particular jurisdiction.