Order XXXIII Rule 6 CPC - Notice of Day for Receiving Evidence of Applicant's Indigency
Order XXXIII Rule 6 of the Code of Civil Procedure, 1908 sets out the notice and evidence stage when a court does not reject an application for permission to sue as an indigent person under Rule 5.
Text of Order XXXIII Rule 6 CPC
Where the Court sees no reason to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten days' clear notice shall be given to the opposite party and the Government pleader) for receiving such evidence as the applicant may adduce in proof of his indigency, and for hearing any evidence which may be adduced in disproof thereof.
Meaning and purpose of Rule 6
This rule concerns the hearing of evidence about the applicant's financial means. Once the application survives the preliminary scrutiny under Order XXXIII Rule 5, the court fixes a date to receive evidence. Both the applicant and those entitled to oppose the claim of indigency have an opportunity to place relevant material before the court.
Who receives notice?
The rule expressly requires notice to the opposite party and the Government pleader. The Government pleader is the legal representative designated to act for the Government in the relevant proceedings. Notice enables both to examine and, where appropriate, contest the assertion that the applicant lacks sufficient means to pay the prescribed court fee.
What does ten days' clear notice mean?
The court must give at least ten clear days' notice before the scheduled evidence hearing. As a general rule, the day of service and the day of the hearing are excluded when calculating clear days, subject to the applicable procedural rules and judicial directions. The date fixed should therefore allow the required intervening period.
What evidence may be considered?
The applicant may submit relevant evidence about income, assets, liabilities, property and other circumstances bearing on the statutory test for indigency. The opposite party or Government pleader may produce evidence tending to disprove indigency. The precise evidence required depends on the facts of the case and the court's directions.
How Rule 6 fits into Order XXXIII
- Rule 1: Explains who may institute a suit as an indigent person and the applicable definition of indigency.
- Rules 2 and 3: Set out the contents and presentation of the application.
- Rules 1A and 4: Concern inquiry into means and examination of the applicant.
- Rule 5: Provides grounds on which the court may reject the application at the preliminary stage.
- Rule 6: Requires notice and a date for evidence if the application is not rejected under Rule 5.
- Rule 7: Governs the procedure at the hearing and the court's decision on the application.
- Rule 8: Addresses the procedure when permission is granted.
Frequently asked questions
Does Rule 6 itself grant permission to sue as an indigent person?
No. It provides for notice and evidence. The court decides whether to allow the application under the procedure in Rule 7.
Can the opposite party challenge an applicant's claim of indigency?
Yes. Rule 6 expressly provides an opportunity to hear evidence adduced in disproof of the applicant's indigency.
Is the ten-day notice period optional?
The central text uses the word shall and specifies at least ten days' clear notice to the opposite party and Government pleader. Any question about the effect of defective notice depends on the circumstances and applicable law.
Official legal references
For the authoritative statutory text, amendments and applicable local variations, consult the India Code official legislation portal and the Legislative Department, Government of India. Search for the Code of Civil Procedure, 1908 (Act 5 of 1908), First Schedule, Order XXXIII. High Court amendments and local rules should also be checked for the court concerned.
Legal note: This article explains the general central CPC provision. State amendments, High Court rules and case-specific judicial orders may affect procedure. The operative legal text and local rules should be verified before filing.