Who is an indigent person?

Question: Who is an indigent person? [UPHJS 1999]

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Answer

An indigent person is one who does not possess sufficient means to pay court fees and is unable to proceed with any suit.

The term ‘indigent’ for the purposes of the Code of Civil Procedure, 1908 (‘CPC’; ‘the Code’) refers to one who is unable to discharge the requisite court fee for instituting a suit in civil court, apart from the property exempted from attachment in the execution of the decree. It is submitted that nothing should preclude a person from moving the court and seeking justice if aggrieved by any cause of action- including financial deprivation.

In order to provide for such a state of affairs, the CPC contains some provisions relating to indigent persons. Order XXXIII, Rules 1-18 deal with ‘Suits by Indigent Persons’.

A person is ‘an indigent person’ under Order XXXIII, Rule 1 Explanation I (a) & (b):

1. When he is not possessed of sufficient means to enable him to pay the fee prescribed by the law for the plaint in the suit proposed to be instituted by him; or
2. Where no such fee is prescribed, when he is not entitled to property worth rupees one thousand, other than the property exempt from attachment in execution of a decree and the subject matter of the suit.

Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application shall be taken into account in considering the question of whether or not an applicant is an indigent person.

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