CPC
CPC
PROJECT ON
HIDAYATULLAH
be
said
3 [2010] 3 MLJ 80
4 Supra Note 2
6
that
afterwards
his
legal
heirs
can
get
benefit.
person.
The Supreme Court of India has settled the issue that, whether a public
company can file a suit as an indigent person or not. The Honble Supreme
Court held that, the word person has to be given its meaning in the context in
which it is used. It refers to a person who is capable of filling a suit and this
being a benevolent provision; it is to be given an extended meaning. Therefore,
a public limited company, which is otherwise entitled to maintain suit as a legal
person, can every well maintain application under Order 33, Rule 1, CODE OF
CIVIL
PROCEDURE,1908.
The word person mentioned in Order 33 includes not only a natural person
but other judicial person also8.
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Conclusion
To sum up, the indigent person, in terms of explanation I to Rule 1 of Order 33
of the Code of Civil Procedure, is one who is either not possessed of sufficient
means to pay court fee when such fee is prescribed by law, or is not entitled to
property worth one thousand rupees when such court fee is not prescribed. In
both the cases, the property exempted from the attachment in execution of a
decree and the subject-matter of the suit shall not be taken into account to
calculate financial worth or ability of such indigent person. Moreover, the
factors such as person's employment status and total income including
retirement benefits in the form of pension, ownership of realizable
unencumbered assets, and person's total indebtness and financial assistance
received from the family member or close friends can be taken into account in
order to determine whether a person is possessed of sufficient means or indigent
to pay requisite court fee. Therefore, the expression "sufficient means" in Order
33 Rule 1 of the Code of Civil Procedure contemplates the ability or capacity of
a person in the ordinary course to raise money by available lawful means to pay
court fee.
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BIBLIOGRAPHY
STATUTES/RULES
1. The Code of Civil Procedure, 1908
BOOKS
1. P.K.Majumdar, COMMENTARY ON THE CODE OF CIVIL PROCEDURE, 1908,
Edition 5, Orient Publishing company.
2. Takwani, C. K., CIVIL PROCEDURE, Edition 6, Eastern Book Company, Lucknow
3. Vol 2, Mulla, THE CODE OF CIVIL PROCEDURE, 17th edition, B.M. Prasad,
Lexis Nexis, Butterworth.
4. Vol. 2, Banerjee, A. K., COMMENTARY ON CODE OF CIVIL PROCEDURE,
1908, Edition-2007, Dwivedi & Company, Allahabad.
5. Vol. 3, Doabia, T. S. Justice, CODE OF CIVIL PROCEDURE, Edition 13,
LexisNexis Butterworths Wadhwa Nagpur.
WEB SITES
1.
2.
3.
4.
5.
www.indiankanoon.org/search/?...suits%20by%20an%20indigent%20person
http://www.legalservicesindia.com/article/article/suits-by-indigent-person-1279-1.html
http://www.legalblog.in/2011/07/indigent-person-under-code-of-civil.html
www.studymode.com
http://www.legalblog.in/2011/07/indigent-person-under-code-of-civil.html
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