First Schedule — Order XXXIII: Suits by Indigent Persons

Order 33 Rule 11 — Procedure where [indigent person] fails

Code of Civil Procedure, 1908 · Free to read

Where the plaintiff fails in the suit or the permission granted to him to sue as an [indigent person] has been withdrawn, or where the suit is withdrawn or dismisses, —

(a) because the summons for the defendant to appear and answer has not been served upon him in consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for such service [or to present copies of the plaint or concise statement], or

(b) because the plaintiff does not appear when the suit is called on for hearing, the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees which would have been paid by the plaintiff if he had not been permitted to sue as [an indigent person].