📘 CIVIL PROCEDURE CODE (CPC) – ORDERS XXXIIA TO XXXIII

Preparation for RJS, DJS, PCS (J) and other Judicial Service Exams

❓ Questions

• Who is an indigent person?
• How does CPC help indigent persons?

📖 CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country.
Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam.

To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules
on all important aspects of this vital part of their syllabus:

⚖️ ORDER XXXIIA – SUITS CONCERNING THE FAMILY

Application of the Order – Rule 1

(1)

• Provisions of this order
• shall apply to suits or proceedings relating to matters concerning the family

(2)

• Provisions of this Order shall apply to a suit or proceeding
• for matrimonial relief
• including, for declaration as to validity of a marriage or as to matrimonial status of a person
• for a declaration as to legitimacy of any person
• in relation to guardianship or custody of any minor
• for maintenance
• as to validity or effect of an adoption
• instituted by a member of family, relating to wills, intestacy and succession

Proceedings to be held in camera – Rule 2

• In every such suit or proceeding, the proceedings
• may be held in camera if the Court so desires and
• shall be so held if either party so desires

Duty of court to make efforts for settlement – Rule 3

• In every such suit or proceeding:
• an endeavour shall be made by the court in the first instance
• to assist the parties in arriving at a settlement

• If at any stage it appears to court
• that there is a reasonable possibility of a settlement between the parties
• court may adjourn the proceeding
• to enable attempts to be made to effect such a settlement

Assistance of welfare expert – Rule 4

• In every such suit or proceeding:
• it shall be open to the court
• to secure services of such person, whether related to the parties or not, as the court thinks fit
• including a person professionally engaged in promoting welfare of the family
• for assisting the court in discharging the functions imposed by rule 3

Representation of minor by next friend or guardian for the suit – Rule 5

• Every application to the court on behalf of a minor
• shall be made by his next friend or by his guardian for the suit

⚖️ ORDER XXXIII – SUITS BY INDIGENT PERSONS

📝 Note by DLA

Question

Who is an indigent person?

Answer

• When a suit is filed before a competent civil court, the party has to pay the prescribed court fee. If the suit is filed without the prescribed court fee, the suit is liable to be rejected.
• An Indigent person is the one who is poor and cannot afford to pay the court fee.

Question

How does CPC help indigent persons?

Answer

• To help indigent persons protect their rights, there are provisions in Order XXXIII which provide exemption from payment of court fee.
• This kind of suits are also called as “Pauper Suits”.

Suits may be instituted by indigent persons – Rule 1

• Subject to following provisions
• any suit may be instituted by an indigent person

Explanation I

• A person is an indigent person if
• he is not possessed of sufficient means
• other than property exempt from attachment in execution of a decree and subject-matter of the suit
• to enable him to pay the fee prescribed by law for the plaint

Explanation II

• Any property
• which is acquired by a person
• after presentation of his application for permission to sue as an indigent person and before decision of the application
• shall be taken into account in considering the question
• whether or not the applicant is an indigent person

Inquiry into the means of an indigent person – Rule 1A

• Every inquiry into the question
• whether or not a person is an indigent person
• shall be made, in the first instance, by the chief ministerial officer of the Court

• Court
• may adopt the report of such officer as its own finding or
• may itself make an inquiry into the question

Contents of application – Rule 2

• Every application for permission to sue as an indigent person
• shall contain particulars required in regard to plaints in suits

• A schedule
• of any movable or immovable property belonging to the applicant
• with estimated value thereof
• shall be annexed thereto
• it shall be signed and verified
• in the manner prescribed for signing and verification of pleadings

Examination of applicant – Rule 4(1)

• Where application is in proper form and duly presented:
• Court may examine the applicant
• regarding merits of the claim and property of the applicant

Procedure at hearing – Rule 7

Rule 7(1)

• On the day fixed: the Court
• shall examine witnesses produced by either party and may examine the applicant and
• shall make a full record of their evidence

Rule 7(2)

• The Court shall also hear any argument
• which the parties may desire to offer

Rule 7(3)

• Court shall then
• either allow or refuse to allow the applicant
• to sue as an indigent person

Prepared by the academic team at Delhi Law Academy, Jaipur
For Judicial Services Examination Preparation

📘 Free Study Material for Judiciary Aspirants!

Download our FREE study material prepared by Delhi Law Academy’s expert faculty.

✅ Check Free Study Material

❓ Frequently Asked Questions (Order XXXIIA & XXXIII CPC)