The notion of justice evokes the rule of law and it refers to the resolution
of conflicts by institutions that make laws and by those that enforce it.
Justice implies fairness and the implicit recognition of the principle of
equability [1].Access to justice is inherent in the concept of justice. The
basic purpose which is intended to be served by providing access to justice are
is to ensure that every person is able to invoke the legal processes for
redressal, irrespective of social or economic status or other incapacity. Unless
the poor and the weaker section of the society are able to take advantages of
administration of justice and are able to assert for their rights, democracy
cannot be said to be blooming. Legal aid is a noble approach to help the
deprived and underprivileged [2].Legal Provisions in relation to Legal aid can
be classified under three broad categories: (i) Constitutional [3](ii)
Procedural [4](iii) Statutory [5]
This article deals with the legal provisions related to Legal aid under the
Civil Procedure Code, 1908. Order 33 of CPCprovides for filing
of suits by indigent persons. It enables persons who are too poor to pay court
fees and allow them to institute suits without payment of requisite court fees.
Introduction
Order 33, C.P.C, deals with the suit filed by Indigent persons. Previously, the
expression “Pauper†was used. Further, the expression “Indigent person†was
substituted in places where the word “pauper†had occurred because it was
inappropriate particularly after India wedded to a socialistic pattern of
society[6]. It was done in accordance to the recommendation of the Law
commission in its 54th Report[7]. For institution of suits court-fee has to be
paid. But, there are innumerable persons who owing to that poverty are unable to
pay the court-fee, and to enable them to file suits exemption from court-fee is
provided for under Order 33 of C.P.C.
The basic object of Order XXXIII was widely discussed by Kerala High Court in
Sumathy Kutty v. Narayani, where it was observed that the real test is
whether the petitioner is in a position in the ordinary course to convert his
possessions, if any, into liquid cash without undue hardship and delay for the
purpose of paying the requisite court-fee.[8]
The term “Indigent person†has been defined underOrder 33 Rule 1, a person is
an indigent person if he does not have sufficient means other than property
excused from attachment in execution of the degree, to enable him to pay
prescribed fees. The Supreme Court of India in the case of UOI v. Khader
International Construction has held that, the word “person†mentioned in
Order XXXIII, Rule 1 includes not only a natural person but other judicial
person such as a public limited company[9].
The claim should be presented to the court by the applicant in person, until he
is exempted from appearing in court in which case the application may be
presented by an authorized agent, who would answer all substantial queries
involving the application. The court will examine the applicant or his agent
regarding the merits of the claim and the property of the applicant[10].
Procedure
When the court sees no reason to reject the application on any of the grounds as
per Rule 5, it shall fix a day after notice to the defendant and the Government
pleader for receiving such evidence as the applicant may offer in proof of his
indigence, and for hearing any evidence which may be presented in rebuttal
thereof.
The court questions the witnesses produced by both the parties and the
applicant or his agent makes a full record of their evidence and hears arguments
and after such hearing the court may permit or refuse to allow the applicant to
sue as an indigent person[11]. Where the application is approved it is numbered
and registered and is considered as the plaint in the suit. The suit then
proceeds in the ordinary manner, however the plaintiff is not liable to pay any
court-fee.[12]
Under Order XXXIII, Rule 9, it is open to the court on the application of the
defendant to withdraw the plaintiff’s permission to sue as an indigent person on
the grounds specified. Where an individual, who is allowed to sue as an indigent
person, is not represented by a pleader, the court may, as per the circumstances
of the case, allot a pleader to him[13].
Where the plaintiff succeeds in the suit, the court will estimate the sum of
court-fees which would have been paid by the plaintiff if he had not been
allowed to sue as an indigent person, and such amount shall be recoverable by
the State Government from any party ordered by the decree to pay the
same[14].
But in a situation where a suit is filled by the indigent person for
realization of full contractual amount from government and decree was passed in
favour of plaintiff. Order 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 started against plaintiff for recovery of court
fee was not maintainable[15].
How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...
It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...
One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...
The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...
The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...
Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...
Please Drop Your Comments