How can the plaintiff fail to sue as an indigent person to get relief?

Question: How can the plaintiff fail to sue as an indigent person to get relief?

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Answer

According to Rule 11 of Order XXXIII where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person or the permission granted to him has been withdrawn, the Court shall order the plaintiff to pay the Court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person.

Moreover, as per Rule 11-A where the plaintiff (indigent person) fails or the permission granted to the indigent person is withdrawn under Rule 9A, or where the suit is withdrawn or dismissed, the court shall in such case either order him (plaintiff) or a co-plaintiff to pay court fees and costs in the manner as if he had not been permitted to sue as an indigent person. Where the suit abates on account of the death of a plaintiff, such court fees would be recovered from the estate of the deceased plaintiff.

For the purpose of payment of court fees, Rule 15A of the said order states that, if the Court has granted time to pay the Court-fees and the Court-fees has been paid, and then the suit is deemed to have been instituted on the date on which the application for permission to sue as an indigent person was filed. Thus, a plaintiff failing to sue as an indigent person can make the required payment of court fees within the time prescribed by the court, and his suit shall be deemed to be instituted relating back to the date on which he has filed an application to get permission to sue as a pauper.

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