What is Pauper Suit? All You Need to Know

📘 Pauper Suit – All You Need to Know

A Pauper Suit is a civil suit instituted by a poor person who is unable to pay the court fees required for filing a suit.

The concept allows a person who is financially indigent to seek justice without the burden of court fees.

The suit is filed in forma pauperis (in the manner of a pauper).

Governed by Order XXXIII CPC (specifically Rules 1 to 9).

This order provides the procedure for filing a suit without paying court fees by a person who is poor.

The court fees are exempted or waived on the satisfaction of the court regarding the applicant’s indigence.

Any person who is financially unable to pay court fees.

The plaintiff must submit an affidavit of indigence to prove his inability to pay fees.

The court has the discretion to accept or reject the application based on the evidence.

Filing an Application for Leave:

The plaintiff files an application to the court for leave to sue as a pauper, along with a pleading and affidavit of poverty.

The affidavit must state the applicant’s income, assets, and liabilities.

Court’s Satisfaction:

The court examines the affidavit and other evidence.

If the court is satisfied that the plaintiff cannot pay court fees, it grants leave to sue as a pauper.

Filing the Suit Without Court Fees:

Upon grant of leave, the suit can be filed without payment of court fees.

The suit proceeds as usual.

Costs and Security:

The court may order the plaintiff to pay costs or security if the suit is dismissed or found frivolous.

If the suit fails, the plaintiff may be liable to pay costs to the defendant.

The pauper plaintiff is entitled to exemption from court fees but must prove indigence.

If the court finds the claim false or frivolous, it may impose costs or penalties.

The right to sue as a pauper is a privilege, not an absolute right.

The plaintiff must disclose all material facts honestly.

Pauper suit applies only to civil suits, not criminal cases.

The exemption is limited to court fees; other expenses like lawyer fees are not waived.

The suit filed as a pauper suit is treated like any other suit after leave is granted.

The court can revoke leave to sue as a pauper if fraud or suppression is found.

The Supreme Court observed that a pauper suit is a valuable right to ensure access to justice for the poor.

However, the privilege is subject to scrutiny and must not be abused.

It was held that the court must carefully examine the financial status before granting leave.

False or misleading affidavits can lead to dismissal and imposition of costs.

The Court held that pauper suit procedure promotes justice and equality, ensuring no one is denied litigation due to poverty.

Aspect	Explanation
Definition	Suit filed by a poor person unable to pay court fees
Governing Law	Order XXXIII CPC
Eligibility	Plaintiff must prove inability to pay court fees
Procedure	Application for leave + affidavit of poverty + suit filed without court fees
Court’s Role	Examine affidavit, grant or refuse leave
Rights	Exemption from court fees
Limitations	Subject to costs if suit dismissed or frivolous
Scope	Only civil suits