Who can file a pauper suit? A filed an application as a pauper. 'A' dies before the disposal.....
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Question: Who can file a pauper suit? A filed an application as a pauper. 'A' dies before the disposal of his application. Can his legal representative continue with that application? Answer with the help of relevant statutory provisions and decided cases. [HPJS 2023]Find the answer to the mains question only on Legal Bites. [Who can file a pauper suit? A filed an application as a pauper. 'A' dies before the disposal of his application......]AnswerA person who is unable to pay the...
Question: Who can file a pauper suit? A filed an application as a pauper. 'A' dies before the disposal of his application. Can his legal representative continue with that application? Answer with the help of relevant statutory provisions and decided cases. [HPJS 2023]
Find the answer to the mains question only on Legal Bites. [Who can file a pauper suit? A filed an application as a pauper. 'A' dies before the disposal of his application......]
Answer
A person who is unable to pay the prescribed court fees due to financial incapacity can file a suit as an indigent person (pauper) under Order XXXIII of the Code of Civil Procedure, 1908 (CPC). According to Rule 1 of Order XXXIII, a person is considered indigent if:
- He/she is not possessed of sufficient means to pay the prescribed fees for the suit.
- The property owned by the applicant (if any), excluding necessary belongings, is insufficient to pay the fees.
The procedure for filing a pauper suit includes an inquiry by the court to determine whether the applicant qualifies as an indigent person.
If an indigent plaintiff dies before the application is decided or before the disposal of the suit, the following provisions of the CPC govern the continuation of the case:
Order XXXIII, Rule 11 CPC: It states that if an indigent plaintiff dies, the suit does not automatically abate, and his legal representative may continue the suit, but they must prove their financial incapacity if they wish to continue the case as indigent persons.
Order XXII, Rule 1 CPC: This rule provides for the continuation of suits on the death of a plaintiff by their legal representatives.
Order XXXIII, Rule 9A CPC: If the legal representatives are also indigent, they can continue the suit as paupers. If they are not indigent, they must pay the court fee that would have been payable by the deceased plaintiff.
In Jugal Kishore v. Dhanno Devi, AIR 1973 SC 2508: The Supreme Court held that the pauper suit does not abate on the death of the indigent plaintiff and his legal representatives can continue the suit, provided they satisfy the court regarding their financial incapacity or pay the requisite court fee.
In Ganga Bai v. Vijay Kumar, AIR 1974 SC 1126: The Supreme Court emphasized that if the legal representative of the deceased pauper plaintiff is also indigent, they can continue the suit in forma pauperis. Otherwise, they must pay the required court fees.
In S. M. Jadhav v. Devram K. Patil, AIR 1981 Bom 279: Bombay High Court held that pauper applications and suits do not lapse on the death of the plaintiff; instead, the legal representatives have the right to continue.
Yes, A's legal representatives can continue the pauper suit if they satisfy the court that they also qualify as indigent persons. If they do not qualify as indigent, they must pay the requisite court fees before continuing the suit. The suit does not automatically abate the death of the original applicant.
Thus, under Order XXXIII, Rule 11 CPC and supported by judicial precedents, the legal representatives have the right to continue the application either as indigent persons or upon payment of the required fees.
Important Mains Questions Series for Judiciary, APO & University Exams
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