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THE FIRST SCHEDULE · ORDER XXXIII Suits by indigent persons

Order XXXIII Rule 15: Refusal to allow applicant to sue as 1[an indigent person] to bar subsequent application of like nature

The Code of Civil Procedure, 1908

An order refusing to allow the applicant to sue as 1[an indigent person] shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right;

2[provided that the plaint shall be rejected if he does not pay, either at the time of the institution of the suit or within such time thereafter as the Court may allow,] the costs (if any) incurred by the 3[State Government] and by the opposite party in opposing his application for leave to sue as 1[an indigent person].

Footnotes in the official text

  1. 1.Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977).
  2. 2.Subs. by s. 81, ibid., for “provided that he first pays” (w.e.f. 1-2-1977).
  3. 3.Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “Government”.

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