All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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15.

The provision under CPC that relates to suit by indigent persons

A: O.32
B: O.34
C: O.35
D: O.33

The answer is: D

Explanation

The correct option is D: O.33.

The provision under CPC that relates to suit by indigent persons is Order 33. This order allows a person who is unable to pay the court fees to file a suit without paying any fees, subject to certain conditions and procedures. The order defines an indigent person as one who does not have sufficient means to pay the court fees, or whose property is not worth more than one thousand rupees, excluding the subject matter of the suit and the property exempted from attachment in execution of a decree. The order also specifies the steps to be followed by an indigent person to file a suit, such as giving notice to the opposite party, presenting an application along with the plaint, undergoing an inquiry into his or her means, and facing any objections from the defendant or the government pleader. The order also lays down the grounds for rejection of the application, such as fraud, collusion, or frivolity of the suit. The order also provides for the consequences of the application being granted or refused, such as payment of court fees, withdrawal of the suit, or filing of an appeal.