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sudalaimuthu, (Advocate and Tax Consultant     07 September 2008

indigent petition

  hi friends,
                  I want to clarify the following issue
        Plaintiff filed a suit for damages  for which he filed an indigent petition for not to pay the court fees. but his wife deriving a considerable income from the properties which she inherited from her father. and that inherited properties were improved and developed as a house sites with the help of the plaintiff.
     Now what i m asking is wheather plaintiff can claim the indigency  under O.33 of C.P.C though  he doesn't have property in his name?

 plz clarify with citations


 5 Replies

Vijay Kumar (Advocate)     07 September 2008

His application is not liable to be declined on the ground of his wife's income and property.

anonymus (confidential)     12 September 2008

when the wife is not a party to the proceedings, he can file as indigent person.

prof s c pratihar ( urologist &legal studies)     12 September 2008

indigent person-order33 rule 1 a person is an indigent person i)if he is not possed of sufficient means to enable him to pay the fees prescribed in lawfor the plaint in such suit.ii)where no such fee is prescribed,when he is not entitled to property worth one thousand rupees.rule 2)particulars required-schedule of any movable or immovable property and estimated value there of.signature and verification as provided inorder 6 rule 15,16. the suit commences from the momentan application to sue  i forma pauperisis presented.(jugal kisore vs dhano devi AIR1973 sc2508) inquiry rule 1 Aby chief ministerial officer of court.copurt may adopt the report submitted by such officer ormay itself make an inquiry and then allow or regectthe application.if he can satisfy the court  then only he get the benefit of indegent person.

sudalaimuthu, (Advocate and Tax Consultant     13 September 2008

hi friends,

thanks for your clarification.

though wife is not a party to the proceedings, but her land sites are developed as a houses only with the income sources of the husband then his income now is in the form of house sites. so now ?

Pankaj Rai (Lawyer)     14 September 2008

according to Or. 33 of C.P.C. he may file.

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