Application to Sue as an Indigent Person (Order XXXIII CPC & Section 151 CPC) скачать в хорошем качестве

Application to Sue as an Indigent Person (Order XXXIII CPC & Section 151 CPC)

Application to Sue as an Indigent Person (Order XXXIII CPC & Section 151 CPC) Under Order XXXIII (“Suits by Indigent Persons”) of the CPC, a person who is genuinely unable to pay court fees may still institute a suit . The Code defines an “indigent person” as one without sufficient means to pay the prescribed fee . In practice, this means poverty will not bar a valid claim – the court will inquire into the applicant’s finances (often via an officer or investigation) and may grant permission to file without upfront fees, ensuring that lack of funds “does not become a barrier to seeking redress”  . Section 151 CPC – The Court’s Inherent Power Order 33 is often invoked with Section 151 CPC. Section 151 is a saving clause granting courts inherent powers “to make orders as may be necessary for the ends of justice or to prevent the abuse of the process” . In indigent applications, citing Section 151 underscores that procedural formalities should not defeat substantive justice. In effect, Order 33 + Sec. 151 together signal that the court can use its discretion to admit a genuine indigent suit even if strict technicalities aren’t met, so long as it upholds fairness and prevents misuse . How to Draft the Indigent Application In the video we break down each component of the pauper-suit application. Key elements include: • Title/Court Details: Caption the petition (e.g. “Application under Order 33 CPC read with Section 151 CPC”), name parties and court, and succinctly state the cause of action (as in a normal plaint). • Affidavit of Indigence: Explain your financial status – your income, liabilities and inability to pay court fees. Attach a Schedule of Assets listing all movable and immovable property (with estimated values)  . This is mandatory under Order 33 Rule 2. • Signature & Verification: Sign and verify the application just like a pleading (per Order 6, Rules 14–15) . This affidavit must truthfully affirm your means. • Personal Filing: The applicant usually files the petition in person (or via an authorized agent who can answer questions) . Be prepared to be examined by the court about the merits and your finances. • Prayer: Conclude by praying that the court allow you to sue as an indigent person without pre-paying court fees. Following Rule 2 of Order 33 is crucial: each item above is taken from those requirements  . The court will then verify your claim. If satisfied, it will order that the suit proceed “as if the court fee has been paid”, often reserving payment until later . Otherwise the application will be rejected. What You Will Learn • Order 33 CPC & Purpose: Why the law allows pauper suits and who qualifies as an indigent person  . • Section 151 CPC: How inherent powers support indigent filings and safeguard justice . • Drafting Guide: Step-by-step format of an indigent-suit application – from headings to asset schedule to verification  . • Practical Insights: Tips from real cases (e.g. Jugal Kishore v. Dhanno Devi), pitfalls to avoid, and exam-focused theory. Mastering this content will sharpen your legal drafting skills and boost your exam prep. Like 👍, Comment 💬 & Subscribe 🔔: If you found this tutorial helpful, hit LIKE, ask your questions or share thoughts in the comments, and SUBSCRIBE for more court-drafting guides and exam insights!