Law: Civil Procedure Code (V of 1908)

Section: 1 , 6 , 15 , 2(16) , 26

  Civil Procedure Code (V of 1908)--- ----OXXXIII, Rr.l to 6 & 15, Ss.2(16) & 26---Suit in forma pauperis--Procedure---Object of provisions of OXXXIII, Civil Procedure Code 1908-- Court after examining witnesses or hearing arguments, could either allow or refuse permission to sue as pauper---Word "prescribed"---Meaning---Non payment of proper court-fee, could have no effect as regards institution of suit.-- [Words and phrases]. Order XXXIII rue l 'of the Code of Civil Procedure permits the institution of a suit in forma pauperis, subject to the provisions contained therein. Rule 2 provides as to what the application should contain. Rule 3 deals with the presentation of the application by the pauper, while rule 4 enables the Court to examine the applicant if it so think fit. According to rule 5, the Court would reject an application for permission to sue as a pauper if it was not framed and presented in the manner prescribed by rules 2 and 3 or where the applicant was not a pauper. If the Court saw no reason to reject the application, it had to fix a date for which a notice in terms of rule 6 had to be given to the opposite-party and to the Government pleader. The Court might, after examining the witnesses and hearing arguments, either allow or refuse permission to sue as pauper. Next provision which was relevant in the present context is rule .15 of Order XXXIII which provides that an order refusing to allow the applicant to sue as a pauper would be a bar to any subsequent application of the like nature; but the applicant would be at liberty to institute a suit in the ordinary manner. It is to be noticed that the provisions of Order XXXIII of the Code of Civil Procedure are beneficial in nature and are designed to ameliorate the hardship faced by those who are not in a position to pay court-fee. Although the proceedings commence by filing an application for permission to sue as a pauper, the relevant rule of Order XXXIII requires that application for permission to sue as a pauper shall contain the particulars requisite in regard to plaint in a suit. There thus appears to be no difficulty as to why if the Court had refused permission…