Can a court withdraw (revoke) the permission granted to the plaintiff to sue as an indigent person?

Question: Can a court withdraw (revoke) the permission granted to the plaintiff to sue as an indigent person? If so when? Refer to relevant provisions.

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Answer

Order XXXIII Rule 9 of the Code of Civil Procedure, 1908 lays down the provision stating that the court has an option to revoke the permission granted to the plaintiff to sue as an indigent person. The court can revoke the permission earlier granted by utilizing its discretionary power on receiving the application by the defendant or by the government pleader, in the following circumstances:

• Where the applicant is guilty of vexatious or improper conduct in the course of the suit; or
• Where the applicant’s means are such that he will not continue to sue as an indigent person; or
• Where the applicant has entered into an agreement under which another person has obtained an interest in the subject matter of the suit.

It is therefore clearly a part of an order under Order XXXIII, Rule 9 of the Code of Civil Procedure dispaupering a plaintiff to direct that plaintiff to pay the Court-fee that he would have paid if he had not been originally permitted to sue as an indigent person. Once such an order is made, obviously, the Court cannot proceed with the suit unless the Court-fee payable on the plaint is paid by the plaintiff.

Once the order directing the payment of Court fee under Order XXXIII, Rule 11 of the Code is made on an application under Order XXXIII, Rule 9 of the Code being allowed, the plaintiff is taken out of the mantle of protection afforded to him under Order XXXIII of the Code of Civil Procedure and the Court has to act as in the case of any other plaintiff with reference to Order VII, Rule 11 of the Code.

In a case where an order is made directing the plaintiff to pay Court-fee in terms of Order XXXIII, Rule 9 read with Rule 11 of the Code and the plaintiff does not pay the Court-fee due on the plant obviously the case would be one which comes under Order VII, Rule 11(c) of the Code of Civil Procedure and the Court will be obliged to reject the plant. [R. Jayaraja Menon v. Dr. Rajakrishnan And Anr. AIR 1998 Ker 15].

Therefore, since Order VII, Rule 11 of the Code gives ample power to the Court to reject a plaint on which the proper Court-fee is not paid, a plaintiff on being dispaupered what happens is that the plant emerges as one where the relief is properly valued but the plaint is written upon the paper insufficiently stamped. The Court has therefore not only the jurisdiction but the duly to call upon the dispaupered plaintiff to pay the fee due on the plaint. On his failure, the Court has the obligation to reject the plaint for non-payment of Court-fee.

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