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The Code of Civil Procedure, 1908: page 199

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 199, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    6. “Family”—meaning of.—For the purposes of this Order, each of the following shall be treated
as constituting a family, namely:—
          (a) (i) a man and his wife living together,
              (ii) any child or children, being issue of theirs; or of such man or such wife,
              (iii) any child or children being maintained by such man and wife;
         (b) a man not having a wife or not living together with his wife, any child or children, being issue
     of his, and any child or children being maintained by him;
         (c) a women not having it husband or not living together with her husband, any child or children
     being issue of hers, and any child or children being maintained by her;
         (d) a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or
     her; and
         (e) any combination of one or more of the groups specified in clause (a), clause (b), clause (c) or
     clause (d) of this rule.
     Explanation.—For the avoidance of doubts, it is hereby declared that the provisions of rule 6 shall be
without any prejudice to the concept of “family” in any personal law or in another law for the time being
in force.]
                                                         ORDER XXXIII
                                                                                e
                                                1
                                                                          od
                                                 [Suits by indigent persons]
                                                                   aC
   1. Suits may be instituted by 2[indigent persons.]—Subject to the following provisions, any suit
may be instituted by an 2[indigent person].
          3
           [Explanation I.—A person is an indigent person,—
                                                              di
                                                        In
              (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 III—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. ]
     4
     [1A. Inquiry into the means of an indigent person.—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, unless the Court otherwise directs, and the Court may adopt the report of such officer as its
own finding or may itself make an inquiry into the question.]
    2. Contents of application.—Every application for permission to sue as an 2[indigent person] shall
contain the particulars required in regard to plaints in suits: a schedule of any movable or immovable property
belonging to the applicant, with the estimated value thereof, shall be annexed thereto; and it shall be
signed and verified in the manner prescribed for the signing and verification of pleadings.


1. Subs. by Act 104 of 1976, s. 81, for “Suits by Paupers” (w.e.f. 1-2-1977).
2. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977).
3. Subs. by s. 81, ibid., for the Explanation (w.e.f. 1-2-1977).
4. Ins. by s. 81, ibid. (w.e.f. 1-2-1977).

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