A Critical Analysis Of The Effectiveness Of Order XXXIII Of The Code Of Civil Procedure, 1908, In Ensuring Equal Access To Justice
- IJLLR Journal
- Aug 16
- 2 min read
S. Pavisha, The Tamilnadu Dr. Ambedkar Law University, SOEL, Taramani
ABSTRACT
This article examines a detailed statutory framework under Order XXXIII of code of civil procedure. It focuses on the concept of indigent person, eligible criteria and their benefits available to them. It also discusses about safeguards provided to prevent misuse of this provision. Further the main aim of this article is to analyse the effectiveness of Order XXXIII in ensuring equal access to justice while balancing the interest of indigent person without abusing.
INTRODUCTION:
In a democratic country, every people must given an equal opportunity to approach the court to protect their rights. But, due to some financial barriers, some people cannot seek their remedies. They even can't afford to pay court fees. To overcome this, the code of civil procedure introduces Order XXXIII which provides procedure for institution of suits by indigent person without paying court fees. It also helps to achieve constitutional objective contained in Article 39A of the Constitution of India which ensures equal access to justice irrespective of person's financial conditions.
By exempting eligible indigent persons from paying court fees at the time of the institution of a suit, Order XXXIII ensures that poverty does not become a ground for the denial of justice. By this way, it emphasis that access to justice is an essential requirement for rule of law. At the same time, some people misuse this provision so that eligible indigent person cannot access this benefit. To prevent this, this provision provides certain conditions to verify the status of indigent person.
Once it finds out that applicant is not indigent. Then he is barred from subsequent application on the same matter. But this rejection does not prevent that person from institution of suit in the ordinary manner with paying court fees.
