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Bare acts > Code of Civil Procedure, 1908 > Order 33 Rule 16
 
  


 

16. Costs.- The costs of an application for permission to sue as an indigent person and of an inquiry into indigency shall be costs in the suit.


HIGH COURT AMENDMENTS

Andhra Pradesh.- After Rule 16 add the following rules:

“Rule 17.—In every case, where a person is suing as a pauper, the counsel appearing for him shall file, along with his Vakalatname a certificate stating the fee, if any, he has actually received and/or has stipulated to receive from the pauper or on his behalf in the suit and if, upon such a certificate the Court is satisfied that his means are such that he ought not to continue to sue as a pauper or that he is being financed by a third party, it shall be open to the Court to dispauper such a person.

Rule 18.—-- Where the pauper is unable to engage a counsel the Court may assign an advocate or pleader to assist him.

Rule 19.— It shall be the duty of the advocate or pleader, who may be assigned by the Court to assist a pauper to see that notices are served, summonses issued or petitions presented only on good and sufficient grounds and he shall also report to the Court every six months the progress of the suit.

Rule 20.—After a person has been granted leave to sue as a pauper, no person shall take, except in pursuance of an agreement as certified to Court under Rule 17, or agree to take or seek to obtain from him, any fee, profit or reward for the conduct of his business in the Court:

Provided that, not withstanding anything herein contained the Court shall have power to award costs against adverse party or out of the property recovered in the suit and to direct payment thereof to the advocate or pleader representing the pauper.

Rule 21.—The word ‘suit’ in these rules includes ‘appeal’.”

Gujarat.- After Rule 16 add the following:

“Rule 17.— Any person may be allowed to defend as a pauper either before or after he has entered appearance and the rules in this Order shall apply to him mutatis mutandis as if he was a plaintiff and his written statement was a plaint.

Rule 18.— No cause, suit or matter commenced or carried on by a pauper plaintiff or defendant shall be compromised on any account whatever without leave first had and obtained from the Court.”

 

 

 

 

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