Order XXXIII CPC: Rules 13 to 18 - Indigent Persons, Court-Fees and Legal Aid
Rules 13 to 18 of Order XXXIII of the Code of Civil Procedure, 1908 deal with the State Government's position in court-fee matters, recovery of court-fees, the effect of refusal to permit a person to sue as an indigent person, time for payment of court-fee, costs, defence by an indigent defendant and provision of free legal services.
Rule 13 - State Government to be deemed a party
All matters arising between the State Government and any party to the suit under Rule 10, Rule 11, Rule 11A or Rule 12 shall be deemed to be questions arising between the parties to the suit within the meaning of Section 47.
Rule 14 - Recovery of amount of court-fees
Where an order is made under Rule 10, Rule 11 or Rule 11A, the Court shall forthwith cause a copy of the decree or order to be forwarded to the Collector who may, without prejudice to any other mode of recovery, recover the amount of court-fees specified therein from the person or property liable for payment as if it were an arrear of land revenue.
Rule 15 - Refusal to allow applicant to sue as indigent person to bar subsequent application of like nature
An order refusing to allow the applicant to sue as an indigent person shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right.
Provided that the plaint shall be rejected if he does not pay, either at the time of institution of the suit or within such time thereafter as the Court may allow, the costs, if any, incurred by the State Government and by the opposite party in opposing his application for leave to sue as an indigent person.
Rule 15A - Grant of time for payment of court-fee
Nothing contained in Rule 5, Rule 7 or Rule 15 shall prevent a Court, while rejecting an application under Rule 5 or refusing an application under Rule 7, from granting time to the applicant to pay the requisite court-fee within such time as may be fixed by the Court or extended by it from time to time; and upon such payment and on payment of the costs referred to in Rule 15 within that time, the suit shall be deemed to have been instituted on the date on which the application for permission to sue as an indigent person was presented.
Rule 16 - Costs
The costs of an application for permission to sue as an indigent person and of an inquiry into indigency shall be costs in the suit.
Rule 17 - Defence by an indigent person
Any defendant who desires to plead a set-off or counter-claim may be allowed to set up such claim as an indigent person, and the rules contained in this Order shall, so far as may be, apply to him as if he were a plaintiff and his written statement were a plaint.
Rule 18 - Power of Government to provide for free legal services to indigent persons
(1) Subject to the provisions of this Order, the Central or State Government may make such supplementary provisions as it thinks fit for providing free legal services to those who have been permitted to sue as indigent persons.
(2) The High Court may, with the previous approval of the State Government, make rules for carrying out the supplementary provisions made by the Central or State Government for providing free legal services to indigent persons referred to in sub-rule (1), and such rules may include the nature and extent of such legal services, the conditions under which they may be made available, the matters in respect of which, and the agencies through which, such services may be rendered.
Official text and related provisions
For the authoritative central text, amendment footnotes and the complete Order XXXIII, refer to the official India Code publication of the Code of Civil Procedure, 1908.