Code of civil procedure 1908

This query is : Resolved 
 

(Querist)
14 April 2017

Respected experts
Provisions Rule 8 and rule 11 of order 33 seems to contradictory
Rule 8 give exemptions from paying court fee or fee for process while rule 11 says that if the suit dismissed because the summon for the defendant to appear has not been severed upon consequence of failure of plaintiff to pay the court fee or postal charges for such services.

My question is that if he is indigent person considered by court then why his suit dismissed under rule 11 clause (a) ?


ADV-JEEVAN PATIL, MUMBAI (Expert)
15 April 2017

Indigent person is not absolve court fees if legally mandatory.

laxman rohit (Querist)
15 April 2017

But sir under rule 8 of order 33 if application to sue as an indigent person admitted then it is mandatory to exempt from court fee or fee for service of process.
Then how it can be ground of dismissal as given under clause (a) of rule 11 of order 33

raj kumar makkad (Expert)
15 April 2017

This is an academic query which is not attended in this particular section for the poor litigants. Raise this intellect issue in forum section of this site.



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