[17. Defence by an indigent person.—Any defendant, who desire to plead a set-off or counter-claim, may be allowed to set up such claim as an indigent person, and the rules contained in this Order shall so far as may be, apply to him as if he were a plaintiff and his written statement were a plaint.
Order XXXIII Rule 17 CPC: Defence by an indigent person
Bare Act text
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
A defendant who wishes to plead a set-off or counter-claim may be allowed to set up that claim as an indigent person. The rules in Order XXXIII then apply to him, so far as may be, as if he were a plaintiff and his written statement were a plaint.
Order XXXIII: Suits By Indigent Persons
- 1 Suits may be instituted by indigent persons
- 1A Inquiry into the means of an indigent person
- 2 Contents of application
- 3 Presentation of application
- 4 Examination of applicant
- 5 Rejection of application
- 6 Notice of day for receiving evidence of applicant’s indigency
- 7 Procedure at hearing
- 8 Procedure if application admitted
- 9 Withdrawal of permission to sue as an indigent person
- 9A Court to assign a pleader to an unrepresented indigent person
- 10 Costs where indigent person succeeds
- 11 Procedure where indigent person fails
- 11A Procedure where indigent person’s suit abates
- 12 State Government may apply for payment of court-fees
- 13 State Government to be deemed a party
- 14 Recovery of amount of court-fees
- 15 Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature
- 15A Grant of time for payment of court-fee
- 16 Costs
- 17 Defence by an indigent person
- 18 Power of Government to provide for free legal services to indigent persons