Order 33 MCQ Quiz - Objective Question with Answer for Order 33 - Download Free PDF
Last updated on Apr 2, 2025
Latest Order 33 MCQ Objective Questions
Order 33 Question 1:
Under Order XXXIII Rule 1A of C.P.C., an Inquiry into the means of an indigent person can be made by:-
Answer (Detailed Solution Below)
Order 33 Question 1 Detailed Solution
The correct answer is Option 4.
Key Points Order XXXIII Rule- 1A. Inquiry into the means of an indigent person.—
Every inquiry into the question whether or not a person is an indigent person shall be made, in the first instance, by the chief ministerial officer of the Court, unless the Court otherwise directs, and the Court may adopt the report of such officer as its own finding or may itself make an inquiry into the question
Order 33 Question 2:
Which of the following Order deals with suit against indigent person?
Answer (Detailed Solution Below)
Order 33 Question 2 Detailed Solution
The correct answer is Order XXXIII
Key Points
- Order XXXIII of the Civil Procedure Code (CPC) deals with suits by indigent persons. It provides the procedure for filing a suit by an indigent person who is unable to pay the court fees required to file the suit. This order allows an indigent person to file a suit without paying the usual fees if they fulfill the requirements specified by the court.
- The order outlines the following:
- The procedure for an indigent person to apply for permission to file a suit without paying the court fee.
- The court must be satisfied that the person filing the suit is unable to pay the court fees and must determine whether the person is truly indigent.
- The suit may be dismissed if it is found that the applicant is not indigent or is otherwise not eligible to file the suit under this order.
Order 33 Question 3:
Under what circumstances may the Court withdraw the permission granted to a plaintiff to sue as an indigent person?
Answer (Detailed Solution Below)
Order 33 Question 3 Detailed Solution
The correct answer is option 3.
Key Points
- Rule 9 of order 33 says Withdrawal of permission to sue as an indigent person.—The Court may, on the application of the defendant, or of the Government pleader, of which seven days, clear notice in writing has been given to the plaintiff, order that the permission granted to the plaintiff to sue as an indigent person be withdrawn:
- (a) if he is guilty of vexatious or improper conduct in the course of the suit;
- (b) if it appears that his means are such that he ought not to continue to sue as an indigent person; or
- (c) if he has entered into any agreement with reference to the subject-matter of the suit under which any other person has obtained an interest in such subject-matter.
Additional Information
- An "indigent person" under the Code of Civil Procedure (CPC) in India, it generally pertains to a person who is unable to afford the expenses associated with a legal proceeding.
- In such cases, the person may be allowed to proceed as an indigent person, and the court may exempt them from paying court fees or other costs.
- The relevant provision in the CPC that addresses the procedure for an indigent person is covered under Order 33.
- Rule 1 of O.33 says subject to the following provisions, any suit may be instituted by an indigent person.
- A person is an indigent person:
- If he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or Where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
Order 33 Question 4:
No permission to sue as an indigent can be granted, if
Answer (Detailed Solution Below)
Order 33 Question 4 Detailed Solution
The correct answer is option 4.Key Points
- Order 33 under C.P.C. 1908 provides Suits by Indigent Persons.
- Rule 1 of O.33 states Suits may be instituted by indigent persons.
- Rule 5 provides The Court shall reject an application for permission to use as an indigent person:
- Where it is not framed and presented in the manner prescribed,
- Where the applicant is not an indigent person,
- Where he has, within two months next before the presentation of the application, disposed of any property fraudulently or in order to be able to apply for permission to use as an indigent person
- Where his allegations do not show a cause of action,
- Where he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter,
- Where the allegations, made by the applicant in the application show that the suit would be barred by any law for the time being in force,
- Where any other person has entered into an agreement with him to finance the litigation.
Order 33 Question 5:
An order under O. 33, r 11 directing the pauper plaintiff to pay the Court-fees can only be made in which of the following cases?
I. Where the plaintiff fails in the suit
II. Where the plaintiff is dispaupered under rule 9
III. Where the suit is withdrawn
IV. Where the suit is dismissed under the circumstances specified in cl. (a) or cl. (b)
Answer (Detailed Solution Below)
Order 33 Question 5 Detailed Solution
Top Order 33 MCQ Objective Questions
Order 33 Question 6:
An order under O. 33, r 11 directing the pauper plaintiff to pay the Court-fees can only be made in which of the following cases?
I. Where the plaintiff fails in the suit
II. Where the plaintiff is dispaupered under rule 9
III. Where the suit is withdrawn
IV. Where the suit is dismissed under the circumstances specified in cl. (a) or cl. (b)
Answer (Detailed Solution Below)
Order 33 Question 6 Detailed Solution
Order 33 Question 7:
Under what circumstances may the Court withdraw the permission granted to a plaintiff to sue as an indigent person?
Answer (Detailed Solution Below)
Order 33 Question 7 Detailed Solution
The correct answer is option 3.
Key Points
- Rule 9 of order 33 says Withdrawal of permission to sue as an indigent person.—The Court may, on the application of the defendant, or of the Government pleader, of which seven days, clear notice in writing has been given to the plaintiff, order that the permission granted to the plaintiff to sue as an indigent person be withdrawn:
- (a) if he is guilty of vexatious or improper conduct in the course of the suit;
- (b) if it appears that his means are such that he ought not to continue to sue as an indigent person; or
- (c) if he has entered into any agreement with reference to the subject-matter of the suit under which any other person has obtained an interest in such subject-matter.
Additional Information
- An "indigent person" under the Code of Civil Procedure (CPC) in India, it generally pertains to a person who is unable to afford the expenses associated with a legal proceeding.
- In such cases, the person may be allowed to proceed as an indigent person, and the court may exempt them from paying court fees or other costs.
- The relevant provision in the CPC that addresses the procedure for an indigent person is covered under Order 33.
- Rule 1 of O.33 says subject to the following provisions, any suit may be instituted by an indigent person.
- A person is an indigent person:
- If he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or Where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
Order 33 Question 8:
No permission to sue as an indigent can be granted, if
Answer (Detailed Solution Below)
Order 33 Question 8 Detailed Solution
The correct answer is option 4.Key Points
- Order 33 under C.P.C. 1908 provides Suits by Indigent Persons.
- Rule 1 of O.33 states Suits may be instituted by indigent persons.
- Rule 5 provides The Court shall reject an application for permission to use as an indigent person:
- Where it is not framed and presented in the manner prescribed,
- Where the applicant is not an indigent person,
- Where he has, within two months next before the presentation of the application, disposed of any property fraudulently or in order to be able to apply for permission to use as an indigent person
- Where his allegations do not show a cause of action,
- Where he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter,
- Where the allegations, made by the applicant in the application show that the suit would be barred by any law for the time being in force,
- Where any other person has entered into an agreement with him to finance the litigation.
Order 33 Question 9:
The word "is not possessed of sufficient means" in Order 33 Rule 1 refer:
Answer (Detailed Solution Below)
Order 33 Question 9 Detailed Solution
The correct answer is Option 4.
Key Points ORDER XXXIII – SUITS BY INDIGENT PERSONS
1. Suits may be instituted by indigent person.
Subject to the following provisions, any suit may be instituted by an indigent person.
Explanation I-
A person is an indigent person,-
(a) if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree 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, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
Explanation II- Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.
Explanation III - Where the plaintiff sues in a representative capacity, the question whether he is an indigent person shall be determined with reference to the means possessed by him in such capacity."
Additional Information The basic object of Order XXXIII was widely discussed by Kerala High Court in Sumathy Kutty v. Narayani, where it was observed that the real test is whether the petitioner is in a position in the ordinary course to convert his possessions, if any, into liquid cash without undue hardship and delay for the purpose of paying the requisite court-fee.
The Supreme Court of India in the case of UOI v. Khader International Construction has held that, the word “person” mentioned in Order XXXIII, Rule 1 includes not only a natural person but other judicial person such as a public limited company.
Order 33 Question 10:
Under Order XXXIII Rule 1A of C.P.C., an Inquiry into the means of an indigent person can be made by:-
Answer (Detailed Solution Below)
Order 33 Question 10 Detailed Solution
The correct answer is Option 4.
Key Points Order XXXIII Rule- 1A. Inquiry into the means of an indigent person.—
Every inquiry into the question whether or not a person is an indigent person shall be made, in the first instance, by the chief ministerial officer of the Court, unless the Court otherwise directs, and the Court may adopt the report of such officer as its own finding or may itself make an inquiry into the question
Order 33 Question 11:
Which of the following Order deals with suit against indigent person?
Answer (Detailed Solution Below)
Order 33 Question 11 Detailed Solution
The correct answer is Order XXXIII
Key Points
- Order XXXIII of the Civil Procedure Code (CPC) deals with suits by indigent persons. It provides the procedure for filing a suit by an indigent person who is unable to pay the court fees required to file the suit. This order allows an indigent person to file a suit without paying the usual fees if they fulfill the requirements specified by the court.
- The order outlines the following:
- The procedure for an indigent person to apply for permission to file a suit without paying the court fee.
- The court must be satisfied that the person filing the suit is unable to pay the court fees and must determine whether the person is truly indigent.
- The suit may be dismissed if it is found that the applicant is not indigent or is otherwise not eligible to file the suit under this order.
Order 33 Question 12:
Under O.33, an indigent is allowed to prosecute any suit, provided he satisfied certain conditions. Which of the following is not such a condition?
Answer (Detailed Solution Below)
Order 33 Question 12 Detailed Solution
The correct answer is Option 3.
Key PointsOrder 33 is intended to enable the indigent persons (or paupers) to institute and prosecute suits without the payment of court-fees. An indigent person is allowed to prosecute any suit in forma pauperis, provided he satisfies certain conditions.
ORDER XXXIII – SUITS BY INDIGENT PERSONS
1. Suits may be instituted by indigent person.
Subject to the following provisions, any suit may be instituted by an indigent person.
Explanation I-
A person is an indigent person,-
(a) if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree 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, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
Explanation II-
Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.
Explanation III-
Where the plaintiff sued in a representative capacity, the question whether he is an indigent person shall be determined with reference to the means possessed by him in such capacity.
Order 33 Question 13:
The provision under CPC that relates to suit by indigent persons
Answer (Detailed Solution Below)
Order 33 Question 13 Detailed Solution
The correct answer is option 4.Key Points
- Order 33 provides Suits by Indigent Persons.
- Rule 1 of O.33 states Suits may be instituted by indigent persons,
- If he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
- Where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
- Explanation 2. says Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.
- Rule 1A states Every inquiry into the question whether or not a person is an indigent person shall be made, in the first instance, by the chief ministerial officer of the Court.
- Rule 5 provides The Court shall reject an application for permission to use as an indigent person:
- Where it is not framed and presented in the manner prescribed,
- Where the applicant is not an indigent person,
- Where he has, within two months next before the presentation of the application, disposed of any property fraudulently or in order to be able to apply for permission to use as 2 an indigent person
- Where his allegations do not show a cause of action,
- Where he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter,
- Where the allegations, made by the applicant in the application show that the suit would be barred by any law for the time being in force,
- Where any other person has entered into an agreement with him to finance the litigation.
Important Points
- Section 304 provides Legal aid to accused at State expense in certain cases
- It states Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State.
Order 33 Question 14:
A person who does not have sufficient means to pay court fees on a suit for recovery of money for which cause of action has accrued to him.