How to file a civil case if you are poor?

How Can a Poor Person File a Civil Case?

Civil cases are such cases in which one party, called the plaintiff, demands some right, relief or compensation from the other party, called the defendant. To file a civil case in the court, the plaintiff has to pay the court fees prescribed by the Court Fees Act, 1870. Especially in money recovery and property cases, it has been seen that a huge court fee has to be paid to file a civil case. In such a situation, fighting a civil case seems to be a difficult task for a poor person.

Court fees are charged to cover the administrative costs of running the court. The amount depends on the nature of the case and the value involved. For example, in a case where someone wants to recover money of ₹5 lakhs lent to a person or settle a land dispute, they may have to file a civil case, the court fee could be several thousand rupees. This becomes a big hurdle for someone who is struggling financially. Many people give up on filing a case just because they cannot afford the fees, even if they are legally right. This is a serious issue in a country where a large number of people live below the poverty line.

Keeping in mind that justice should be accessible to all, our law makers have made some provisions in the Civil Procedure Code (CPC) so that even a poor person can file a civil case to get his rights. Let us know the legal provisions related to this.

Order 33 of the Code of Civil Procedure, 1908.

Order 33 of CPC provides for filing of suit by poor person (also known as an indigent person). For those who are extremely poor and do not have the means to pay the required court fees, Order 33 of CPC provides for filing of a case without paying court fees.

Merely saying or writing this is not enough for a person to be allowed to file a suit as a poor person under this order. It is necessary for the poor person to satisfy the court with evidence that he really does not have the capacity to pay the court fees. For this, the poor person has to file documents related to property and income in the court.

The poor person has to satisfy the court that he is unable to raise the amount required to pay the court fees, not only on the basis of his property and bank balance but also through any other means.

If you do not have sufficient means to pay the court fees, then seek necessary legal advice regarding the same and get the case filed under this Order 33 of CPC.

The person has to submit an application known as "pauper petition" or "application to sue as an indigent person" along with an affidavit explaining his income and assets. The court then holds a small inquiry to check the truth of the claim. If the court is satisfied, it allows the person to file the case without paying court fees. However, if the case is successful and the person gets compensation or relief, the court may later recover the court fees from the amount awarded.

Here is how a poor person can proceed under Order 33: Step by step process.

• Application: File an application to sue as an indigent person, along with the main plaint of the case.
• Affidavit: Submit an affidavit stating your income, property details, and lack of financial means.
• Verification: The court will verify the claim by holding an inquiry. It may also ask for a report from a government officer.
• Decision: If the court is satisfied, it will allow the person to file the case without paying the court fee at the beginning.
• Later recovery: If the person wins the case and receives money or property, the court can recover the court fee from the awarded amount.

When the court can reject the plea.
The court may reject the application if:
• It finds that the person has hidden income or property.
• The case seems false or is meant to harass the other party.
• The person has sold or transferred property just before filing the case.
So, it is important to be truthful and genuine while seeking this benefit.

Legal Aid and Free Legal Services.
You can contact any lawyer who provides Pro Bono (free) legal advice to poor people or you can also take help of Legal Aid Services.

Legal Aid means providing free legal help to those who cannot afford to hire a lawyer. This is a right given under the Legal Services Authorities Act, 1987. Legal aid is available for both civil and criminal cases.
The government has set up Legal Services Authorities at the national, state, and district levels. The District Legal Services Authority (DLSA) is available in every district court and provides the following services:
• Free lawyer to fight your case
• Help in preparing legal documents
• Legal advice and counseling
• Help in filing cases under Order 33 of CPC.

Who is eligible for Legal Aid?
You can get legal aid if:
• Your annual income is below a fixed limit (e.g. ₹3 lakhs in many states)
• You are a woman, child, SC/ST, senior citizen, disabled, industrial worker, or a person in custody
• You are a victim of human trafficking or natural disaster
To apply, visit the DLSA office in your district court or apply online on the NALSA (National Legal Services Authority) website. You will be asked to provide ID proof and income certificate.

Why this is important:
Many people suffer in silence just because they are unaware that help is available. Lawyers under the legal aid system are paid by the government and are bound to give proper service. You do not have to worry about any hidden charges.

Some Common Misconceptions:

• Myth 1: Only big cases go to court.
Even small cases like a cheque bounce, house eviction, or unpaid salary can be filed.
• Myth 2: Courts always support the rich.
Courts decide cases based on evidence and law, not on wealth or status.
• Myth 3: Legal aid lawyers don’t work seriously.
Legal aid lawyers are qualified and trained. If you feel the service is not proper, you can request a new lawyer through DLSA.

Conclusion:

A poor person can also file a civil case and seek justice. Order 33 of the Civil Procedure Code and the Legal Aid system are strong tools for those who cannot afford court expenses. The only requirement is to present your situation honestly and take the right legal advice.

Many people are not aware that they have the right to file a case even if they cannot afford court fees. This lack of information often results in injustice. If you or someone you know is struggling to get justice due to financial problems, do not hesitate to ask for help. Legal Aid and Order 33 of CPC exist to support people like you.
Justice is not only for the rich; it is for everyone. The law protects the rights of the poor, and the courts are open for all.