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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 18 CPC: Power of Government to provide for free legal services to indigent persons

Bare Act text

18. Power of Government to provide for free legal services to indigent persons.—(1) Subject to the provisions of this Order, the Central or State Government may make such supplementary provisions as it thinks fit for providing free legal services to those who have been permitted to sue as indigent persons.

(2) The High Court may, with the previous approval of the State Government, make rules for carrying out the supplementary provisions made by the Central or State Government for providing free legal services to indigent persons referred to in sub-rule (1), and such rules may include the nature and extent of such legal services, the conditions under which they may be made available, the matters in respect of which, and the agencies through which, such services may be rendered.] 1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “Government”. 2. Subs. by s. 2, ibid., for “or rule 11”. 3. Subs. by Act 104 of 1976, s. 2 for the rule 14. 4. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977). 5. Subs. by s. 81, ibid., for “provided that he first pays” (w.e.f. 1-2-1977). 6. Ins. by Act 104 of 1976, s. 81. (w.e.f. 1-2-1977). 7. Omitted by Act 19 of 1988, s. 3 and the Second Schedule. 8. Ins. by s. 81, ibid. (w.e.f. .1-2-1977).

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

Subject to Order XXXIII, the Central or State Government may make supplementary provisions for free legal services to persons permitted to sue as indigent persons. The High Court may, with the State Government's previous approval, make rules to carry out those provisions, including the nature and extent of the services, the conditions on which they are available, and the matters and agencies for rendering them.

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