Who can hold an enquiry for ascertaining whether a person is actually an indigent person or not?

Question: Who can hold an enquiry for ascertaining whether a person is actually an indigent person or not? [WB J.S. 1996]

Find the answer only on Legal Bites. [Who can hold an enquiry for ascertaining whether a person is actually an indigent person or not?]

Answer

Inquiry into the means of an indigent person is dealt with under the Rule 1A of Order XXXIII of the Civil Procedure Code, 1908. The provision states: “Inquiry into the means of an indigent person“-

“Every inquiry into the question whether or not a person is an indigent person shall be made, in the first instance, by the chief ministerial officer of the Court, unless the Court otherwise directs, and the Court may adopt the report of such officer as its own finding or may itself make an inquiry into the question.”

The provision clearly states that the Chief Ministerial Officer of the court has the authority to do an inquiry. The inquiry is conducted in the first instance to know if an applicant is an indigent person or not. However, it is upon the discretion of the court whether to accept the report submitted by such an officer or make an inquiry.

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