1. Suits may be instituted by indigent person.- Subject to the following provisions, any suit may be instituted by an indigent person. Explanation I: A person is an indigent person,— (a) if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or (b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject matter of the suit. Explanation II: Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person. Explanation Ill: Where the plaintiff sues in a representative capacity, the question whether he is an indigent person shall be determined with reference to the means possessed by him in such capacity. HIGH COURT AMENDMENT
Bombay.- In Order X)O(IH, Rule I, for Explanation I below Rule 1, substitute the following Explanation 1: “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. For the purposes of this Explanation the means which a person is possessed of shall be deemed not to include property exempt from attachment in exeution of a decree and the subject-matter of the suit.” (1-10-1983). Kerala (Lakshadeep Islands).- In Rule 1: (i) for Explanation, the following shall be substituted, namely:— Explanation I - A person is a pauper when he is not possessed of sufficient means to enable him to pay the fee pescribed by law for the plaint in such suit. Explanation II - Where the plaintiff sues in a representative capacity the question of pauperism shall be determined with reference to the means possessed by him in such capacity. (9-6-1959). Orissa.- Deleted (14-5-1984).
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