Code of Civil Procedure, 1908 / Order XXXIII
Order XXXIII Rule 4 CPC - Examination of Applicant
Order XXXIII Rule 4 of the Code of Civil Procedure, 1908 explains when a court may examine a person seeking permission to sue as an indigent person and when an examination may be conducted through a commission.
Statutory provision: Order XXXIII Rule 4
Rule 4(1) - Examination of applicant
Where the application is in proper form and duly presented, the Court may, if it thinks fit, examine the applicant, or his agent when the applicant is allowed to appear by agent regarding the merits of the claim and the property of the applicant.
Rule 4(2) - Examination by commission
Where the application is presented by an agent, the Court may, if it thinks fit, order that the applicant be examined by a commission in the manner in which the examination of an absent witness may be taken.
The above reproduces the substantive text of Rule 4 from the supplied page, with the sub-rule (2) marginal heading omitted from the quotation for readability.
Meaning and scope of Rule 4
Indigent person: Under Order XXXIII Rule 1, a person who lacks sufficient means to pay the prescribed court fee, after excluding specified exempt property and the subject matter of the suit, may qualify to institute a suit as an indigent person. The statutory test and any applicable local amendments must be considered.
Proper form and presentation: Rule 2 addresses the particulars of the application, its property schedule, signature and verification. Rule 3 ordinarily requires personal presentation, subject to the permitted-agent exception and the provision for multiple plaintiffs.
Discretionary examination: The expression 'may, if it thinks fit' means that Rule 4 empowers, rather than invariably requires, the court to examine the applicant or authorised agent. The inquiry can address both the merits of the proposed claim and the property of the applicant.
Commission: Where the application is presented through an agent, sub-rule (2) permits the court to direct the applicant's examination by commission, following the procedure for examination of an absent witness. A commission is a court-authorised mechanism for recording examination outside the ordinary in-court process.
How Rule 4 fits into the application process
- The applicant seeks permission to sue as an indigent person under Rule 1.
- The application must satisfy Rule 2 and be presented under Rule 3.
- Under Rule 4, the court may examine the applicant or permitted agent and may use a commission where applicable.
- Rule 5 sets out grounds on which an application may be rejected.
- Where the application is not rejected, Rules 6 and 7 govern notice, evidence and the hearing concerning indigency; Rule 8 concerns the procedure after admission.
Practical considerations
An applicant should be prepared to explain the proposed cause of action, disclose relevant movable and immovable property, and respond accurately to questions about financial means. If presentation by an agent is permitted, that agent should be capable of answering material questions. The court's examination under Rule 4 is not itself a final adjudication of the underlying suit.
Related statutory provisions
Rule 1 - Suits by indigent persons; Rule 2 - Contents of application; Rule 3 - Presentation; Rule 5 - Rejection; and Rule 6 - Notice and evidence.
Official legal sources
For the governing text and amendments, consult the India Code official legislation portal and search for the Code of Civil Procedure, 1908 (Act 5 of 1908), First Schedule, Order XXXIII. Court rules and applicable State or High Court amendments should also be checked for the relevant jurisdiction.
This article explains the central CPC provision for general information. Applicable local amendments and judicial decisions may affect procedure in an individual case.