Order XXXIII Rule 5 CPC: Rejection of Application to Sue as an Indigent Person
Order 33 Rule 5 of the Code of Civil Procedure, 1908 sets out the circumstances in which a court must reject an application seeking permission to institute a civil suit as an indigent person. It operates alongside Rules 1 to 4, which deal with indigency, the application and its presentation.
Order XXXIII Rule 5 CPC - Statutory provision
Rejection of application
The Court shall reject an application for permission to sue as an indigent person-
(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or
(b) where the applicant is not an indigent person, or
(c) where he has, within two months next before the presentation of the application, disposed of any property fraudulently or in order to be able to apply for permission to sue as an indigent person:
Provided that no application shall be rejected if, even after the value of the property disposed of by the applicant is taken into account, the applicant would be entitled to sue as an indigent person, or
(d) where his allegations do not show a cause of action, or
(e) where he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter, or
(f) where the allegations, made by the applicant in the application show that the suit would be barred by any law for the time being in force, or
(g) where any other person has entered into an agreement with him to finance the litigation.
Meaning of an indigent person under Rule 1
Under Order XXXIII Rule 1, Explanation I, a person is indigent if they lack sufficient means (excluding property exempt from attachment in execution of a decree and the subject matter of the suit) to pay the prescribed court fee. Where no such fee is prescribed, the rule uses a property-value test of one thousand rupees, subject to the exclusions stated in the provision. The assessment is governed by the applicable statutory text and any relevant amendments.
Cause of action means the material facts which, if established, give the claimant a right to the relief sought. A claim without facts disclosing a cause of action can be rejected under clause (d).
Seven grounds for rejection explained
(a) Defective application or presentation
Rule 2 requires the particulars of a plaint and a schedule of the applicant's movable and immovable property with estimated values; Rule 3 governs presentation of the application. Noncompliance attracts Rule 5(a).
(b) Applicant is not indigent
Where the applicant has sufficient means under Rule 1, the court must reject permission to sue as an indigent person. An inquiry into means may be made under Rule 1A.
(c) Fraudulent or strategic disposal of property
A transfer within the preceding two months intended to qualify for indigent status, or made fraudulently, is a ground for rejection. The express proviso protects an applicant who would still qualify as indigent even if the disposed property's value were counted.
(d) No cause of action
The facts pleaded must disclose a legally recognizable basis for the suit. The court examines whether the allegations show a cause of action, rather than deciding the entire dispute at this preliminary stage.
(e) Third-party interest in the subject matter
Rejection follows where the applicant has made an agreement relating to the proposed suit's subject matter under which another person acquired an interest in it. The existence and effect of the agreement are material.
(f) Suit barred by law
If the application itself shows that the proposed suit is legally barred, Rule 5(f) applies. A statutory limitation bar may be relevant where it is apparent from the pleaded allegations; the court must consider the applicable law and facts.
(g) Agreement to finance litigation
The rule also addresses an agreement by another person with the applicant to finance the litigation. Whether a particular arrangement falls within this ground depends on the actual agreement and the applicable law.
What happens after an application passes Rule 5?
If the court sees no ground for rejection, Order XXXIII Rule 6 requires it to fix a day for receiving evidence, with at least ten clear days' notice to the opposite party and the Government pleader. Rule 7 prescribes the hearing and decision. If permission is granted, Rule 8 provides for registration and treatment of the application as the plaint, with the specified fee exemptions.
Effect of rejection and further remedies
Rejection of indigent status does not, by itself, decide the merits of every claim. Order XXXIII Rule 15 addresses the bar on a subsequent application of like nature concerning the same right to sue, while preserving the possibility of instituting a suit in the ordinary manner subject to its conditions. Rule 15A provides for time to pay the requisite court fee in the circumstances specified there. An order rejecting an application for permission to sue as an indigent person is addressed in Order XLIII Rule 1(na) concerning appeals from orders, subject to applicable procedure.
Practical checklist
- Include the necessary plaint particulars and a complete schedule of assets with estimated values.
- Disclose relevant property transactions and any agreement concerning the suit or its financing.
- Explain why the applicant satisfies the indigency test and identify applicable fee requirements.
- Ensure the pleadings disclose a cause of action and address any apparent statutory bar.
- Check relevant state amendments, court-fee legislation and High Court rules before filing.
Legal note: This article explains the central CPC provisions. State amendments and local court rules may affect the applicable text and procedure; consult the current official legislation and seek case-specific advice where necessary.
Official legal resources
Read the current Code of Civil Procedure, 1908 and applicable amendments at the India Code official portal and the Legislative Department, Government of India. These official references appear in the article body, not in the sidebar menu.