Order XXXIII Rule 7 CPC - Procedure at Hearing
Order XXXIII Rule 7 of the Code of Civil Procedure, 1908 (CPC) sets out how a civil court hears and decides an application for permission to sue as an indigent person. It deals with examining witnesses, recording evidence, hearing arguments and granting or refusing permission.
Order XXXIII Rule 7 CPC - Procedure at hearing
(1) On the day so fixed or as soon thereafter as may be convenient, the Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make a full record of their evidence.
(1A) The examination of the witnesses under sub-rule (1) shall be confined to the matters specified in clause (b), clause (c) and clause (e) of rule 5 but the examination of the applicant or his agent may relate to any of the matters specified in rule 5.
(2) The Court shall also hear any argument which the parties may desire to offer on the question whether, on the face of the application and of the evidence (if any) taken by the Court under rule 6 or under this rule, the applicant is or is not subject to any of the prohibitions specified in rule 5.
(3) The Court shall then either allow or refuse to allow the applicant to sue as an indigent person.
The source page contained a typographical error in sub-rule (1), reading "shall may a full record". The provision above uses "shall make a full record". The authoritative statutory text and any applicable State or High Court amendments should be checked before reliance.
Meaning and scope of Rule 7
An indigent person is a person who meets the financial criteria in Order XXXIII Rule 1. The procedure under Order XXXIII permits eligible persons to institute civil suits without paying the prescribed court fee at the initial stage, subject to the rules on later recovery of fees and costs.
Sub-rule (1): Examination and evidence
On the date fixed for hearing, or as soon afterwards as convenient, the court examines witnesses produced by either side. It may also question the applicant or an authorised agent. The court must maintain a full record of the evidence received.
Sub-rule (1A): Limits on witness examination
Witness examination is limited to the grounds in clauses (b), (c) and (e) of Order XXXIII Rule 5. These concern whether the applicant is indigent, whether property was fraudulently disposed of to qualify, and whether another person has agreed to finance the litigation. The applicant or agent may be examined on any Rule 5 ground, including the other statutory bars to permission.
Sub-rule (2): Hearing of arguments
The parties may make submissions on whether the application and the evidence establish any ground for rejection under Rule 5. Evidence considered may include material received under Rule 6 and at the Rule 7 hearing.
Sub-rule (3): Court's decision
After the hearing, the court decides whether to grant or refuse permission to sue as an indigent person. This ruling addresses permission under Order XXXIII; it does not itself decide the underlying civil dispute.
How the hearing fits into the application process
- Application: The applicant files the particulars and property schedule required by Rule 2, following the presentation requirements of Rule 3.
- Initial scrutiny: The court may examine the applicant under Rule 4 and consider whether Rule 5 requires rejection.
- Notice: If the application is not rejected at the preliminary stage, Rule 6 provides for a hearing date and at least ten clear days' notice to the opposite party and Government pleader.
- Evidence and submissions: The court follows Rule 7, records evidence and hears the parties.
- Decision: If permission is granted, Rule 8 governs the further procedure. If refused, other provisions of Order XXXIII and applicable court-fee rules may be relevant.
Frequently asked questions
Does Rule 7 decide whether the plaintiff will win the suit?
No. It determines whether the applicant may proceed as an indigent person, not the final merits of the claim.
Can the court examine the applicant personally?
Yes. Sub-rule (1) permits the court to examine the applicant or an agent, and sub-rule (1A) permits questions on any of the Rule 5 grounds.
Can the opposing party contest indigency?
Yes. The opposite party may present relevant evidence and arguments in accordance with Rules 6 and 7.
Statutory references and official resources
Read the Code of Civil Procedure, 1908 on India Code and the Legislative Department, Government of India. Check the current text of Order XXXIII, relevant State amendments and applicable High Court rules for local procedural requirements.