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

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

📖 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 XXXIII – SUITS BY INDIGENT PERSONS

Procedure if application is admitted – Rule 8

• Where the application is granted:
• it shall be
• numbered and registered and deemed the plaint in the suit and
• the suit shall proceed in all other respects
• as a suit instituted in ordinary manner
• except
• that the plaintiff shall not be liable
• to pay any court-fee or fees payable for service of process, appointment of a pleader or other proceeding

Pleader to an unrepresented indigent person – Rule 9A(1)

• Where a person who is permitted to sue as an indigent person
• is not represented by a pleader
• Court may assign a pleader to him

Costs where indigent person succeeds – Rule 10

• Where the plaintiff succeeds in the suit:
• Court shall calculate the court-fees
• which would have been paid by the plaintiff
• if he had not been permitted to sue as an indigent person

• Such amount
• shall be recoverable by State Govt from any party ordered by the decree to pay the same and
• shall be a first charge on subject-matter of the suit

Procedure where indigent person fails – Rule 11

• Where
• the plaintiff fails in the suit or
• permission granted to him to sue as an indigent person has been withdrawn or
• where
• the suit is withdrawn or dismissed
• because
• summons for defendant has not been served because of failure of plaintiff
• to pay court-fee or postal charges or to present copies of plaint or
• because
• the plaintiff does not appear when the suit is called on for hearing

• Court shall order the plaintiff
• to pay the court-fees which would have been paid by him
• if he had not been permitted to sue as an indigent person

Defence by an indigent person – Rule 17

• Any defendant who desire to plead a set-off or counter-claim
• may be allowed to set up such claim as an indigent person

• Rules in this Order shall apply to him
• as if he were a plaintiff and his written statement were a plaint

⚖️ ORDER XXXV – INTERPLEADER SUITS

Plaint in interpleader suit – Rule 1

• In every suit of interpleader:
• the plaint shall state
• that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs
• that the claims made by the defendants severally and
• that there is no collusion between the plaintiff and any of the defendants

• in addition to
• other statements necessary for plaints

Payment of thing claimed into Court – Rule 2

• Where
• the thing claimed is capable of being paid into Court or placed in its custody:
• the plaintiff may be required to so pay or place it
• before he can be entitled to any order in the suit

Procedure at first hearing – Rule 4

• At the first hearing:
• the Court may
• declare that the plaintiff is discharged from all liability to the defendants in respect of the thing claimed, award him his costs and dismiss him from the suit or
• retain all parties until the final disposal of the suit if it thinks that justice or convenience so requires

• Where Court finds
• that admissions of the parties or other evidence enable it to do so
• it may
• adjudicate the title to the thing claimed

• Where
• admissions of the parties do not enable the Court so to adjudicate
• it may direct
• that an issue be framed and tried and
• it shall proceed
• to try the suit in the ordinary manner

Agents and tenants may not institute interpleader suits – Rule 5

• This Order shall not enable
• agents to sue their principals or
• tenants to sue their landlords
• for compelling them
• to interplead with any persons
• other than persons making claim through such principals or landlords

Illustration 1

• A deposits a box of jewels with B as his agent.
• C alleges that the jewels were wrongfully obtained from him by A and claims them from B.
• B cannot institute an interpleader suit against A and C.

Illustration 2

• A deposits a box of jewels with B as his agent and then writes to C for making the jewels a security for a debt due from himself to C
• Afterwards A alleges that C’s debt is satisfied and C alleges the contrary
• Both claim the jewels from B
• B may institute an interpleader suit against A and C.

📝 Note from DLA

• “Inter-pleader Suits”
• is not defined in the Code of Civil Procedure
• To inter-plead generally means
• to litigate with each other to find a solution concerning a third party

• In “Inter-pleader” suits, the dispute is not between the plaintiff and defendants.
• In fact, the plaintiff in such suits has no interest in the subject matter of the dispute.
• The dispute is between the defendants and they inter-plead against each other.

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

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❓ Frequently Asked Questions (Order XXXIII & XXXV CPC)