Inquiry into indegency
kuldeep kumar
(Querist) 01 September 2011
This query is : Resolved
pls explain.. if application is allowed still indigent person is required to pay process fee etc..is he not absolutely privilegd to pay till he succeed or lose.rule 15 o 33 creating doubt
Raj Kumar Makkad
(Expert) 01 September 2011
If application stands allowed then indigent persons is not required to deposit process fee etc. being privileged.
Shastri J.K.
(Expert) 01 September 2011
I agree with mr.raj kumar makkad
Advocate. Arunagiri
(Expert) 01 September 2011
I differ. The indigent person is exempted to pay the court fee on the suit value for filing the case only.
But, process and other fees he has to pay.
Raj Kumar Makkad
(Expert) 01 September 2011
Arunagiri! Can you tel the relevant provision where it is mentioned to pay PF by such indigent person?
I personally have defended many cases of such persons where no such fee was asked to be paid.
Advocate. Arunagiri
(Expert) 01 September 2011
I have the similar experience, in Madras High Court, but, they are demanding the processing fees.
I will take your reference and check with the HC Madras.
However you may kindly see the O 33 R 1 (a) says about the fee for the plaint, it has not given a complete waiver of other fee.
(a) if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit,
prabhakar singh
(Expert) 01 September 2011
Even despite all this ,C.F is realizable after decree.
kuldeep kumar
(Querist) 02 September 2011
o33 r 11 says cost shall be recoverd even if indegent person fails but how he failed dat should be seen.he failed becous he has not paid process fees etc.but this differs vis n vis state no unanimity.but as said by ld mmb makkad we lock his opinion to the extent he said right.
Advocate. Arunagiri
(Expert) 02 September 2011
Thank you Mr.Kumar.
Mr.Makkad,
Mr.Kumar had rightly pointed out the section which deals about the process fee payable by the indigent person.
O33 R.11 (a)
(a) because the summons for the defendant to appear and answer has not been served upon him in consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for such service [359][or to present copies of the plaint or concise statement],
