Rule 1A of CPC : Rule 1A: Inquiry into the means of an indigent person
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh, a daily wage laborer, wants to file a civil suit for compensation against a company for wrongful termination. However, he does not have the financial means to pay the court fees.
Application of Rule 1A:
- Ramesh applies to the court to be allowed to file the suit as an indigent person.
- The chief ministerial officer of the court conducts an initial inquiry into Ramesh's financial status. This involves checking his income, assets, and any other financial resources.
- The officer finds that Ramesh has no significant assets and his income is barely enough to meet his daily needs.
- The officer submits a report to the court stating that Ramesh qualifies as an indigent person.
- The court reviews the report and decides to adopt the officer's findings, allowing Ramesh to proceed with his suit without paying the court fees.
Example 2:
Scenario: Sita, a widow with no source of income, wants to file a suit for the recovery of her deceased husband's property from his relatives who have unlawfully taken possession of it.
Application of Rule 1A:
- Sita files an application to be recognized as an indigent person to avoid paying the court fees.
- The court directs the chief ministerial officer to conduct an inquiry into Sita's financial situation.
- The officer investigates and finds that Sita has no income, no savings, and is dependent on charity for her survival.
- The officer submits a detailed report to the court confirming Sita's indigent status.
- The court, after reviewing the report, decides to conduct its own brief inquiry to verify the findings.
- The court's inquiry corroborates the officer's report, and the court officially declares Sita as an indigent person, allowing her to file the suit without the burden of court fees.
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