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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXXIII: Suits By Indigent Persons

Order XXXIII Rule 10 CPC: Costs where indigent person succeeds

Bare Act text

10. Costs where [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 [an indigent person]; such amount shall be recoverable by the [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.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where the plaintiff succeeds in the suit, the Court must calculate the court-fees which he would have paid had he not been permitted to sue as an indigent person. That amount is recoverable by the State Government from any party ordered by the decree to pay it, and it is a first charge on the subject-matter of the suit.

Order XXXIII: Suits By Indigent Persons

  1. 1 Suits may be instituted by indigent persons
  2. 1A Inquiry into the means of an indigent person
  3. 2 Contents of application
  4. 3 Presentation of application
  5. 4 Examination of applicant
  6. 5 Rejection of application
  7. 6 Notice of day for receiving evidence of applicant’s indigency
  8. 7 Procedure at hearing
  9. 8 Procedure if application admitted
  10. 9 Withdrawal of permission to sue as an indigent person
  11. 9A Court to assign a pleader to an unrepresented indigent person
  12. 10 Costs where indigent person succeeds
  13. 11 Procedure where indigent person fails
  14. 11A Procedure where indigent person’s suit abates
  15. 12 State Government may apply for payment of court-fees
  16. 13 State Government to be deemed a party
  17. 14 Recovery of amount of court-fees
  18. 15 Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature
  19. 15A Grant of time for payment of court-fee
  20. 16 Costs
  21. 17 Defence by an indigent person
  22. 18 Power of Government to provide for free legal services to indigent persons
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