Order XXXIII CPC: Indigent
6 years ago
In a civil case which is in progress and written statement has been filed and issues framed, can the plaintiff make an application for being treated as an indigent person seek exemption in payment of court fee? The plaintiff has recently undergone an expensive medical treatment and is left with no funds of his own. He has no property or income of his own other than the old age pension of Rs. 2500/- from the State Government. He is aged 69. The residence which he stays belongs to his wife.
Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client in your query The person does not qualify to be called an "Indigent" as per Law.
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A.“Explanation 1 - A person shall be deemed to be an indigent person if he is not possessed to means exceeding rupees one thousand in value or the same are not sufficient to enable him to pay fees prescribed by law for the plaint.
As his income is more than Rs.1,000/- he is not eligible and not entitled the benefit under this rule.
As his income is more than Rs.1,000/- he is not eligible and not entitled the benefit under this rule.
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