Rule 1 of CPC : Rule 1: Suits may be instituted by indigent persons.

CPC

JavaScript did not load properly

Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.

Explanation using Example

Example 1:

Ramesh, a daily wage laborer in a small village in India, wants to file a lawsuit against a local contractor who has not paid him for his work. Ramesh does not have any significant savings or property, except for a small piece of land that is exempt from attachment under the law. The court fee for filing the lawsuit is Rs. 5,000, which Ramesh cannot afford. Under Rule 1 of Order XXXIII of The Code of Civil Procedure, 1908, Ramesh can apply to the court to be allowed to file the suit as an indigent person. If the court finds that Ramesh does not have sufficient means to pay the court fee, it will permit him to file the suit without paying the fee.

Example 2:

Sita, a widow, wants to file a lawsuit to claim her deceased husband's property, which is being wrongfully occupied by his relatives. Sita's only source of income is a small pension, and she does not own any property other than her modest home, which is exempt from attachment. The court fee for filing the lawsuit is Rs. 10,000, which Sita cannot afford. She applies to the court to file the suit as an indigent person. While her application is pending, Sita receives a small inheritance from a distant relative. The court will consider this new inheritance when deciding whether Sita qualifies as an indigent person. If the inheritance is not sufficient to cover the court fee, Sita may still be allowed to file the suit without paying the fee.

Example 3:

A group of farmers, represented by their leader Mohan, wants to file a lawsuit against a company that has polluted their water source, causing damage to their crops. Mohan, in his representative capacity, does not have sufficient means to pay the court fee for the lawsuit. The court will assess whether Mohan, in his capacity as the representative of the farmers, qualifies as an indigent person. If the court finds that Mohan does not have the means to pay the court fee, it will allow the group of farmers to file the suit as indigent persons.

Example 4:

Lakshmi, a school teacher, wants to file a lawsuit to recover a loan she gave to a friend. Lakshmi's only assets are her modest salary and a small house, which is exempt from attachment. The court fee for filing the lawsuit is Rs. 3,000, which Lakshmi cannot afford. She applies to the court to file the suit as an indigent person. During the pendency of her application, Lakshmi receives a bonus from her employer. The court will take this bonus into account when deciding whether Lakshmi qualifies as an indigent person. If the bonus is not sufficient to cover the court fee, Lakshmi may still be allowed to file the suit without paying the fee.

Update: Discover how KanoonGPT revolutionizes legal research! Watch our demo video on the homepage to see how you can chat with various legal sections using our innovative hybrid AI search. Enjoy free unlimited AI access for a limited time!
Update: Our AI tools are cooking — and they are almost ready to serve! Stay hungry — your invite to the table is coming soon.

Download Digital Bare Acts on mobile or tablet with "Kanoon Library" app

Kanoon Library Android App - Play Store LinkKanoon Library iOS App - App Store Link