Pauper Suit

Pauper Suit

By

Dewasi Chhagan Lal

ROLL NO. 14

B.A.LL.B X- SEMESTER

S.S.Jain Subodh Law College, Jaipur.

TABLE OF CONTENTS

DECLARATION………………………………………………………………………….....2

CERTIFICATE………………………………………………………………………….…....3

ACKNOWLEDGEMENT……………………………………………………………...….…4

RESEARCH METHODOLOGY………………………………………………....................5

 INTRODUCTION……………………………………………...…......6
 WHERE INDIGENT PERSON SUCCEEDS/FAILS…………….…..7

CONCLUSION………………………………………………………………………………9

BIBLOGRAPHY…………………………………………………………………………….10

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 Pauper Suit

DECLARATION

I Dewasi Chhagan Lal, do hereby declare that this project work entitled “Pauper Suit” is an
outcome of the research conducted by me under the guidance of Mr. Zeeshan Hashmi (Asst.
Prof. of Law) at S.S. Jain Subodh Law College in fulfillment for the award of the degree of
B.A.L.L.B. at the University Of Rajasthan
I also declare that, this work is original, except where assistance from other sources has been
taken and necessary acknowledgements for the same have been made at appropriate places. I
further declare that, the work has not been submitted either in whole or in part, for any degree
or equivalent in any other institution

DATE – 15 MAY 2019

Dewasi Chhagan Lal

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 Pauper Suit

CERTIFICATE

This is to certify that Dewasi Chhagan Lal student of BA.LLB X semester of S.S.JAIN
SUBODH LAW COLLEGE; JAIPUR has completed her project on “Pauper Suit” under the
guidance of Mr.Zeeshan Hashmi, Assistant professor, S.S.JAIN SUBODH LAW COLLEGE.
This project is original, independent work to the best of my knowledge and it has not been
published anywhere and has been perused solely for academic interest.

Mr. Zeeshan Hashmi

(Asst. Prof. of Law)

S.S. Jain Subodh Law College

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 Pauper Suit

ACKNOWLEDGEMENT

I take this opportunity to express our humble gratitude and personal regards to Mr.. Zeeshan
Hashmi for inspiring me and guiding me during the course of this project work and also for
her cooperation and guidance from time to time during the course of this project work on the
topic. “Pauper Suit.”

DATE – 15 MAY 2019

Dewasi Chhagan Lal

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RESEARCH METHODOLOGY

Aims and Objectives:

The aim of the project is to present a detailed study of the topic “Pauper Suit” forming a
concrete informative capsule of the same with an insight into its relevance in the today’s
world.

Research Plan

The researchers have followed Doctrinal method.

Sources of Data:

The following secondary sources of data have been used in the project-

 Websites

Method of Writing:

The method of writing followed in the course of this research project is primarily
analytical and based on secondary source of data. The researcher has followed Uniform
method of citation throughout the course of this research project.

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Chapter 1 Introduction

Before understanding what is the procedure and provisions regarding a suit by a pauper, let us
understand what does a pauper means? Basically the simple meaning of the word pauper is
the person without is support or a destitute person who depends on aid from public welfare
funds or charity. We all are acquainted with the fact that a suit requires payment of fees for
activities ranging from institution of the suit itself to service of summons to other costs which
the court may incur from time to time during institution of suit and finally for the decree to be
executed in case the suit is decided in party’s favour and if not, a whole new range of
payments for appeal.
Under the Code of Civil procedure, in case of a civil suit, the provision for the same has been
provided under Order XXXIII with the title of suit by indigent person. Basically what it
provides for is the special provision for the persons who are too poor to file a suit for
themselves. It is quite apparent that the jurisprudential approach behind this provision is to
simple enable a person no matter from what economical background is he from, to bring his
matter of alleged violation of cause of action to the court. Being in consonance with natural
justice, it not only protects bonafide claims of an indigent person but also safeguards interest
of the revenue and protects the defendant from harassment.

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Chapter 2 Where Indigent Person Succeeds/Fails

Where Indigent Person Succeeds

Where the plaintiff succeeds in the suit, the court shall calculate the amount of court fees
which would have been paid by the plaintiff if he had not been permitted to sue as an indigent
person; such amount shall be recoverable by the state government from any party Ordered by
the decree to pay the same and shall be a first charge on the subject matter of the suit.

Such a decree is executed by the collector to institute new proceedings to pursue for the
recovery of the amount of court fee from the person or property liable to pay the court fee,
that too as arrears of land revenue hence, separate recovery proceedings cannot be pursued in
execution proceedings.

But the situation is different when we talk of Indigent person, in a situation where a suit is
filled by the indigent person for realization of full contractual amount from government.
Decree was passed in favour of plaintiff. Direction was issued to defendant State Government
to pay cost of plaintiff as liability was imposed on defendant to pay court fee payable to
Government, hence, proceedings initiated against plaintiff for recovery of court fee was not
maintainable.

Where Indigent Person Fails

Rule 11 of Order 33 of CODE OF CIVIL PROCEDURE, 1908 deals with this aspect of Suits
by indigent person. Where the plaintiff fails in the suit or the permission granted to him to sue
as an indigent person has been withdrawn, or where the suit is withdrawn of dismissed.

1. Because the summons for the defendants to appear and the answer has not been served
upon him in consequences of the failure of the plaintiff to pay the court fee or postal charges,
chargeable for such services or to present copies of the plaint or concise statement, or

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2. Because the plaintiff does not appear when the suit is called on for hearing the court shall
Order the plaintiff, or any person added as a co plaintiff to the suit, to pay the court fees
which would have been paid by the plaintiff if he had not been permitted to sue as an indigent
person.

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Conclusion

In the end the author would like to conclude the project, that my hypothesis was partially
incorrect regarding the position of indigent person when he fails in the suit brought by him,
the hypothesis is that an indigent person cannot be made liable to pay anykind of damages or
compensation, but according to Order 33 Rule 11 of Code of Civil Procedure, an indigent
person cannot be held liable for any kind of damages other than the court fee, i.e. if a person
fails in his action as an indigent person then he is bound to pay the court fee of the respective
court, and the remaining damages have to be borne by the State Government as if they had
commit.

Whereas if indigent person won the case then he cannot be held liable to any kind of
expenses, fee or damages.

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Bibliography

BOOKS REFERRED

 Code of Civil Procedure,1908

WEBSITES

 http://www.legalservicesindia.com/article/1279/Suits-by-indigent-person.html
 https://www.clcbd.org/lawdictionary/204.html

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