Order XXXIII Rule 9 CPC: Withdrawal of Permission to Sue as an Indigent Person
Order XXXIII Rule 9 of the Code of Civil Procedure, 1908 (CPC) empowers a court to withdraw permission previously granted to a plaintiff to sue as an indigent person. The power is exercised on an application by the defendant or the Government pleader, after the plaintiff receives seven clear days' written notice, and only on the grounds specified in the rule.
Text of Order XXXIII Rule 9 CPC
The Court may, on the application of the defendant, or of the Government pleader, of which seven days' clear notice in writing has been given to the plaintiff, order that the permission granted to the plaintiff to sue as an indigent person be withdrawn—
(a) if he is guilty of vexatious or improper conduct in the course of the suit;
(b) if it appears that his means are such that he ought not to continue to sue as an indigent person; or
(c) if he has entered into any agreement with reference to the subject-matter of the suit under which any other person has obtained an interest in such subject-matter.
The statutory text above is reproduced for explanation. Check the applicable central text and any relevant High Court or State amendments before relying on it in proceedings.
Meaning and purpose of Rule 9
Under Order XXXIII Rule 1, a qualifying person may institute a suit without initially paying the prescribed court fee. Rule 9 addresses circumstances arising after that permission has been granted. It protects the integrity of the concession while requiring notice and a judicial decision before withdrawal.
Three grounds for withdrawal
1. Vexatious or improper conduct - Rule 9(a)
The plaintiff may lose the permission if their conduct in the course of the suit is vexatious or improper. The court must evaluate the conduct and the circumstances; an adverse argument or an unsuccessful procedural request does not, by itself, automatically establish this ground.
2. Sufficient financial means - Rule 9(b)
Permission may be withdrawn when the plaintiff's means are such that the plaintiff ought not to continue as an indigent person. This can involve a material change in financial circumstances after admission or information establishing that continued indigent status is unwarranted. The court considers the relevant financial facts under the CPC framework; the rule does not impose an automatic income threshold.
3. Agreement creating another person's interest - Rule 9(c)
The rule applies where the plaintiff has entered into an agreement concerning the subject-matter of the suit by which another person has obtained an interest in it. The existence, terms and effect of the agreement matter. Not every arrangement with a third party necessarily satisfies the statutory wording.
Who can apply and what procedure is followed?
- Applicant: The defendant or the Government pleader may apply to the court for withdrawal of permission.
- Written notice: The plaintiff must be given at least seven clear days' notice in writing of the application. In computing clear days, the day of service and the day fixed for hearing are ordinarily excluded, subject to applicable procedural rules.
- Opportunity to respond: The plaintiff may contest the asserted ground and place relevant material before the court.
- Judicial determination: The court considers whether a ground in clauses (a), (b) or (c) is established and may then order withdrawal. Withdrawal is not automatic upon filing the application.
Effect of withdrawing permission
Withdrawal ends the plaintiff's permission to continue litigating as an indigent person. The consequences for court fees and continuation of the suit must be considered with the other provisions of Order XXXIII, applicable court-fees law, and any order of the court. Rule 9 itself does not say that the suit is automatically dismissed merely because indigent status is withdrawn.
Related CPC provisions
Rule 5 concerns rejection of the initial application to sue as an indigent person; Rule 9 instead concerns withdrawal of permission already granted. Rule 7 addresses the hearing on an application for permission, and Rule 8 explains how the suit proceeds after admission. Rule 9A addresses representation of an unrepresented indigent person. Court-fee recovery and costs are dealt with by further rules in Order XXXIII, including Rule 10.
Frequently asked questions
Can the defendant ask the court to withdraw indigent status?
Yes. Rule 9 expressly allows the defendant, as well as the Government pleader, to make the application.
Is seven days' written notice necessary?
Yes. The rule requires seven clear days' notice in writing to the plaintiff before the court may withdraw permission on such an application.
Does improved financial position automatically cancel the permission?
No. The court must consider an application and decide whether Rule 9(b) is satisfied.
Is rejection under Rule 5 the same as withdrawal under Rule 9?
No. Rule 5 concerns an application before permission is granted; Rule 9 concerns permission already granted.
Official legal source
For the authoritative central legislation and amendment information, consult the India Code official legislation portal and locate the Code of Civil Procedure, 1908 (Act 5 of 1908), First Schedule, Order XXXIII. Applicable State and High Court amendments and local procedural rules should also be checked.
This article is general legal information, not a substitute for advice on the facts of a particular case.