Kevin Moses Paul
01 February 2021
If a person or an individual is unable to pay court fees or advocate fees then such a person or an individual is said to be Indigent. An indigent person is explained in Rule 1 according to which a person is said to be indigent person, if he is not possessed of sufficient means other than property exempted from attachment in execution of the degree, to enable him to pay prescribed fees.
The definition of an Indigent Person is provided in the Explanation I to Rule 1 of the Order XXXIII, which states that a person is an indigent person–
1.) 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, or
2.) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject matter of the suit.
Every application for permission to sue as indigent person must contain the report of his moveable and immoveable property, with the estimated value annexed with the application. Therefore, by such an application any indigent person is exempted for paying court fees or advocate fee.
