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Saturday, 14 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 15 CPC: Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature

Bare Act text

15. Refusal to allow applicant to sue as [an indigent person] to bar subsequent application of like nature.—An order refusing to allow the applicant to sue as [an indigent person] shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right;

[provided that the plaint shall be rejected if he does not pay, either at the time of the institution of the suit or within such time thereafter as the Court may allow,] the costs (if any) incurred by the [State Government] and by the opposite party in opposing his application for leave to sue as [an indigent person].

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

An order refusing permission to sue as an indigent person bars any later application of the same kind by him for the same right to sue, but he remains free to institute a suit in the ordinary manner. The plaint in that suit must be rejected unless he pays, at institution or within the time the Court allows, the costs incurred by the State Government and the opposite party in opposing his application.

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