An
indigent person, in legal terms, refers to an individual who lacks sufficient
financial resources to afford the costs associated with pursuing or defending a
lawsuit, such as paying court fees, legal fees, or other related expenses. The
concept of allowing an indigent person to proceed with a legal case without
bearing the usual financial burdens is rooted in the principle of ensuring
access to justice for all, regardless of their financial status.
Key Aspects of an Indigent Person:
1. Legal Provision:
o In many jurisdictions, including
India, special provisions are made to allow indigent persons to file lawsuits
or defend themselves in court without paying the required court fees. In India,
this provision is covered under Order XXXIII of the Code of Civil Procedure,
1908 (CPC). A person who meets the criteria specified under this order can
apply to be declared an indigent person, allowing them to proceed with their
case without the burden of court fees.
2. Criteria for Being Considered
Indigent:
o A person is considered indigent if
they do not possess sufficient means to pay the court fees required for the
suit. In some cases, the law specifies a threshold, such as not owning property
worth a certain amount, excluding the subject matter of the suit.
o The court may assess the applicant’s
financial situation by considering factors such as income, assets, liabilities,
and overall financial condition.
3. Procedure to Sue as an Indigent
Person:
o To initiate a lawsuit as an indigent
person, the individual must file an application before the court, declaring
their indigence and providing evidence of their financial status.
o The court may conduct an inquiry
into the applicant’s financial condition, often requiring the applicant to list
their assets and liabilities.
o If the court is satisfied that the
applicant is indeed indigent, it may grant permission to proceed with the suit
without paying the court fees.
4. Protection Against Fraudulent
Claims:
o The law includes safeguards to
prevent individuals from falsely claiming indigent status to avoid court fees.
For example, an indigent person cannot have transferred any of their property
or entered into any agreements that would artificially reduce their financial
means just before applying to sue as an indigent person.
o The court may reject the application
if it finds that the applicant has attempted to manipulate their financial
situation.
5. Rights and Obligations:
o Once permitted to sue as an indigent
person, the applicant can proceed with the lawsuit without paying court fees.
However, if the person later acquires sufficient means, they may be required to
pay the fees that were initially waived.
o The law also ensures that the rights
of the opposing party are not unfairly affected by the indigent person’s
inability to pay fees, maintaining a balance between access to justice and
fairness in legal proceedings.
Significance:
Allowing
indigent persons to pursue or defend legal cases is vital for upholding the
principle of justice. It ensures that financial hardship does not bar
individuals from seeking or defending their rights in court. This provision
helps maintain the integrity of the legal system by ensuring that it is
accessible to everyone, regardless of their economic situation.
Application to Sue as an Indigent Person
In the Court of the Ld. Judge at ___________
Title Suit No. ______/20
In the matter of:
A.B.
... Plaintiff
Versus
C.D. ...
Defendant
Suit
for Title and Possession Valued
at Rs. ___________
Application
The
above-named Plaintiff respectfully states as follows:
1.
Pleadings
2.
That the Plaintiff, A.B., is an indigent person. He is not
possessed of sufficient means to enable him to pay the court fees of Rs.
___________ as prescribed by law for the plaint in the above-referenced suit. The
Plaintiff, A.B., is an indigent person. He does not own any property worth Rs.
____, apart from the subject matter of this suit.
3.
That the Plaintiff hereby declares that he has not entered into
any agreement with any individual or entity concerning the subject matter of
the suit that would affect his financial status or ability to pay the required
court fees.
4.
Further,
the Plaintiff affirms that he has not transferred or disposed of any of his
property within the two months preceding the filing of this application, either
fraudulently or with the intent of seeking permission to sue as an indigent
person.
5.
Properties Owned and Estimated Value:
The properties currently owned and
possessed by the Plaintiff, along with their estimated values, are listed
below:
Total Value (in words): Rs. ___________
Prayer:
In
light of the aforementioned facts, the Plaintiff humbly prays that this Hon’ble
Court be pleased to:
a.
Permit
the Plaintiff to sue as an indigent person under the provisions of Order XXXIII
of the Code of Civil Procedure, 1908.
Place:
___________
Date: ___________
Signature of the Plaintiff
A.B.
Address: ___________
Advocate: ___________
(If represented by an advocate)
