Report No. 27
Order XXXIII, rule 1
For rule 1 of Order XXXIII of the First Schedule to the principal Act, the following rule shall be substituted, namely:-
"1. Suits in forma pauperis.-Subject to the following provisions, any suit may be instituted by a pauper.
Explanation 1.-A person is a "pauper"-
(a) when he is not possessed of sufficient means other than his necessary wearing-apparel and the subject-matter of the suit to enable him to pay the fee prescribed by law for the plaint in such suit, or
(b) where no such fee is prescribed, when he is not entitled to property worth one thousand rupees other than his necessary wearing-apparel and the subject-matter of the suit.
Explanation 2.-Any property which is acquired by a person after the presentation of his application for permission to sue as a pauper and before the decision of the application, shall be taken into account in considering the question whether he is a pauper."
[Cf. Bombay and Kerala Amendments.]
Order XXXIII, rule 11
In rule 11 of Order XXXIII of the First Schedule to the principal Act, in clause (a), after the words "such service", the words "or to present copies of the plaint or concise statement" shall be inserted.
Order XXXIII, rule 15
Rule 15 of Order XXXIII of the First Schedule to the principal Act shall be re-numbered as sub-rule (1) thereof, and-
(a) in sub-rule (1) as so re-numbered, the word "first" shall be omitted;
(b) after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted, namely:-
"(2) Where the applicant has not, before the institution of the suit, paid the costs referred to in sub-rule (1), the Court may, if it thinks fit, allow him such time as it thinks fit to pay such costs."
Order XXXIII, rule 15A (New)
After rule 15 of Order XXXIII of the First Schedule to the principal Act, the following rule shall be inserted, namely:-
"15A. Grant of time for payment of court-fees.--Nothing in rules 5, 7 or 15 shall prevent a Court while rejecting an application under rule 5 or refusing an application under rule 7 from granting time to the applicant to pay the requisite court fee within such time as may be fixed by the Court or extended by it from time to time: and upon such payment and on payment of the costs referred to in sub-rule (1) within that time, the suit shall be deemed to have been instituted on the date on which the application was presented."
Order XXXIII, rule 17 (New)
After rule 16 of Order XXXIII of the First Schedule to the principal Act, the following rule shall be inserted, namely:-
&quoquot;17. Defence by pauper.-Any defendant who desires to plead a set-off or counter-claim may be allowed to defend as a pauper, and the rules 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 XXXIV, rule 3
In rule 3 of Order XXXIV of the First Schedule to the principal Act, in sub-rule (2), after the words "on application made by the plaintiff in this behalf, the words "and after notice to all parties" shall be inserted.
Order XXXIV, rule 5
In rule 5 of Order XXXIV of the First Schedule to the principal Act, in sub-rule (3), after the words "on application made by the plaintiff in this behalf", the words "and after notice to all parties" shall be inserted.
Order XXXIV, rule 8
In rule 8 of Order XXXIV of the First Schedule to the principal Act, in sub-rule (3), after the words "on application made by the defendant in this behalf", the words "and after notice to all parties" shall be inserted.
Order XXXIV, rule 15
Rule 15 of Order XXXIV of the First Schedule to the principal Act shall be re-numbered as sub-rule (1) thereof, and after sub-rule ( 1 ) as so re-numbered, the following sub-rule shall be inserted, namely:-
"(2) Where a decree orders payment of money and charges it on immovable property on default of payment, the amount may be realised by sale of that property in execution of that decree."
Order XXXVIII, rule 8
In Order XXXVIII of the First Schedule to the principal Act, for rule 8, the following rule shall be substituted, namely:-
"8. Adjudication of claim to property attached before judgment.--Where any claim is preferred to property attached before judgment, such claim shall be adjudicated upon in the manner hereinbefore provided for the adjudication of claims to property attached in execution of a decree for the payment of money."
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