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The Code of Civil Procedure, 1908: page 201

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 201, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    (3) The Court shall then either allow or refuse to allow the applicant to sue as 1[an indigent person].
   8. Procedure if application admitted.—Where the application is granted, it shall be numbered and
registered, and shall be deemed the plaint in the suit, and the suit shall proceed in all other respects as a
suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee 2[or
fees payable for service of process] in respect of any petition, appointment of a pleader or other
proceeding connected with the suit.
   9. Withdrawal of permission to sue as an 1[indigent person].—The Court may, on the application of
the defendant, or of the Government pleader, of which seven days, clear notice in writing has been given to
the plaintiff, order that the permission granted to the plaintiff to sue as an indigent person be withdrawn—
        (a) if he is guilty of vexatious or improper conduct in the course of the suit;
        (b) if it appears that his means are such that he ought not to continue to sue as 1[an indigent
    person]; or
       (c) if he has entered into any agreement with reference to the subject-matter of the suit under
    which any other person has obtained an interest in such subject-matter.
    3
     [9A. Court to assign a pleader to an unrepresented indigent person.—(1) Where a person, who is
permitted to sue as an indigent person, is not represented by a pleader, the Court-may, if the circumstances
                                                                       e
of the case so require, assign a pleader to him.                 od
    (2) The High Court may, with the previous approval of the State Government, make rules providing for—
                                                          aC
        (a) the mode of selecting pleaders to be assigned under sub-rule (1);
                                                      di
        (b) the facilities to be provided to such pleaders by the Court ;
                                                 In
        (c) any other matter which is required to be or may be provided by the rules for giving effect to
    the provisions of sub-rule (1).]
   10. Costs where 1[indigent person] succeeds.—Where the plaintiff succeeds in the suit, the Court
shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been
permitted to sue as 1[an indigent person]; such amount shall be recoverable by the 4[State Government]
from any party ordered by the decree to pay the same and shall be a first charge, on the subject-matter of
the suit.
    11. Procedure where 1[indigent person] fails.—Where the plaintiff fails in the suit or the permission
granted to him to sue as an 1[indigent person] has been withdrawn, or where the suit is withdrawn or
dismisses,—
        (a) because the summons for the defendant to appear and answer has not been served upon him in
    consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for
    such service 3[or to present copies of the plaint or concise statement], or
        (b) because the plaintiff does not appear when the suit is called on for hearing,
the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees
which would have been paid by the plaintiff if he had not been permitted to sue as 1[an indigent person].
    5
     [11A. Procedure where 1[indigent person] suit abates.—Where the suit abates by reason of the
death of the plaintiff or of any person added as a co-plaintiff, the Court shall order that the amount of
court-fees which would have been paid by the plaintiff if he had not been permitted to sue as 1[an indigent
person] shall be recoverable by the State Government from the estate of the deceased plaintiff.]


  1. Subs. by Act 104 of 1976, s. 81, for “pauper” (w.e.f. -2-1977).
  2. Subs. by s. 81, ibid., for “other than fees pay able for service of process” (w.e.f. 1-2-1977).
  3. Ins. by s. 81, ibid. (w.e.f. 1-2-1977).
  4. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “Government”.
  5. Ins. by Act 24 of 1942, s. 2.

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