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:

  1. Ramesh applies to the court to be allowed to file the suit as an indigent person.
  2. 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.
  3. The officer finds that Ramesh has no significant assets and his income is barely enough to meet his daily needs.
  4. The officer submits a report to the court stating that Ramesh qualifies as an indigent person.
  5. 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:

  1. Sita files an application to be recognized as an indigent person to avoid paying the court fees.
  2. The court directs the chief ministerial officer to conduct an inquiry into Sita's financial situation.
  3. The officer investigates and finds that Sita has no income, no savings, and is dependent on charity for her survival.
  4. The officer submits a detailed report to the court confirming Sita's indigent status.
  5. The court, after reviewing the report, decides to conduct its own brief inquiry to verify the findings.
  6. 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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