Order XXXIII Rule 8 CPC - Procedure if Application Admitted
Order XXXIII Rule 8 of the Code of Civil Procedure, 1908 (CPC) explains what happens after a court permits a person to sue as an indigent person. The application is registered as the plaint, the civil suit proceeds in the ordinary manner, and specified court fees are not payable by the plaintiff at that stage.
Text of Order XXXIII Rule 8 CPC
Rule 8 - Procedure if application admitted. Where the application is granted, it shall be numbered and registered, and shall be deemed the plaint in the suit, and the suit shall proceed in all other respects as a suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee or fees payable for service of process in respect of any petition, appointment of a pleader or other proceeding connected with the suit.
Meaning and legal effect of Rule 8
Indigent person: A person who satisfies the financial eligibility criteria in Order XXXIII Rule 1 and its explanations, subject to the applicable procedural rules. Permission to sue as an indigent person enables access to the civil court without advance payment of the specified court fees; it does not decide the merits of the claim.
Application becomes the plaint: Once permission is granted, the existing application is numbered and registered as the plaint in the suit. A separate fresh plaint is not ordinarily necessary under Rule 8.
Ordinary civil procedure applies: After registration, the suit proceeds substantially like any other civil suit, including the usual steps for summons, pleadings, evidence, hearing and judgment, subject to the special provisions of Order XXXIII.
Exemption from fees: Rule 8 exempts the plaintiff from court fees and the stated fees for service of process and proceedings connected with the suit. This is not an unconditional permanent cancellation of every possible fee or cost: the later recovery and costs provisions of Order XXXIII remain relevant.
What happens after the application is admitted?
- Order granting permission: The court allows the applicant to sue as an indigent person after following the applicable inquiry and hearing procedure.
- Registration: The application is numbered and registered as the plaint.
- Suit proceeds: The court takes the normal procedural steps required for adjudication of the civil claim.
- Fee treatment: The plaintiff receives the exemption stated in Rule 8, subject to subsequent provisions concerning costs and court fees.
- Final outcome: Rules 10 to 12 address consequences for court fees and costs in specified outcomes, while Rule 9 provides for withdrawal of permission in appropriate circumstances.
Frequently asked questions
Does admission of the application mean the plaintiff wins the suit?
No. Permission under Order XXXIII concerns eligibility to sue without paying the specified fees in advance; the underlying claim still has to be proved.
Is a new plaint required after permission is granted?
Rule 8 provides that the admitted application is deemed to be the plaint and is numbered and registered accordingly.
Are all costs waived permanently?
No. Rule 8 gives the stated exemption at the relevant stage, but later rules address court-fee recovery and costs depending on the outcome and other circumstances.
Official legal reference
Consult the India Code official legislation portal for the Code of Civil Procedure, 1908 (Act 5 of 1908), including its First Schedule, Order XXXIII. Check current amendments and local court rules before relying on a provision in litigation.