Code of Civil Procedure, 1908 · Order XXXIII: Suits By Indigent Persons

Order XXXIII Rule 11A CPC: Procedure where indigent person’s suit abates

Bare Act text

[11A. Procedure where [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 [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.

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 suit abates by reason of the death of the plaintiff, or of any person added as a co-plaintiff, the Court must order that the court-fees which would have been paid by the plaintiff had he not been permitted to sue as an indigent person shall be recoverable by the State Government from the estate of the deceased plaintiff.