The code of civil procedure, 1908

An analysis of special kinds of suits mentioned under CPC,1908

(Representative suit, Indigent suit, Minor suit, Government suit,
Interpleader suit)

Mr. Ajitesh Sharma

[Link]@[Link]
Ms. Shivani Jha
[Link]@[Link]

Introduction
The code of civil procedure 1908, is based upon the maxim “ubi jus ibi remedium”, meaning
where there is a right there is a remedy and in order to obtain that remedy it is necessary that
proper procedure needs to be laid down and with the help of the procedure it is possible to get
the real benefit of the remedy and thus recovering the rights granted by substantive law. The
code of civil procedure is divided into 158 Sections and 51 orders covering various
provisions from filing of a suit to judgement and decree to execution order and many more.
In certain specific special cases the code provides specific provisions for some special kinds
of suits. This Article will shed light upon such specific kinds of suits, their provisions under
the code and provide a analysis upon them. This article is going to be covering following
kinds of suits:

1. Representative suit
2. Indigent suit
3. Minor suit
4. Government suit
5. Interpleader suit

[Link] suit
Representative suit enshrined under order 1 rule 8 of the code of civil procedure is when a
group of individuals who are representing a particular limited society or organisation file a
suit against someone having a common cause of action towards a particular object.
Specifically order 1 rule 8 covers that in the scenario where a common cause of action or
interest is being harboured by a number of people in that case either by seeking the
permission of the court or upon the direction of the court, one or more than one individual
can be appointed who will be representative of the suit and will or can sue and defend on
behalf of the group or organisation sharing such interests.

The provision also covers that where such suit is to be instituted in that scenario the court can
taking into account the expense of plaintiff provides a notice to all persons benefited or
sharing interest either by personal service or where that is not possible then by public
advertising based on the direction of the courts.

A decision delivered or decree issued has binding power upon all the interested individuals
upon whose benefit or interests the suit is proceeded upon.
In the case of S.P. Gururaja V. Executive member, Karnataka industrial Areas
Development Board, AIR 1998 Kant 223. it was held that that the provisions of order 1 rule 8
covering a representative suit applies only towards suits and are not applicable in case of
proceedings based on writs.

Necessary requirements for filing of a representative suit:

 Common cause of action shared by numerous numbers of people.

 The permission of the court or a direction by it is a mandate.
 A notice or information through publication shall be provided to all persons sharing
such common interests.

The case of a representative suit is different from that of a public interest litigation as the
necessity of locus standi is lenient in case of a representative suit.

The purpose of the provision is to provide for a convenience in case of suits involving a
numerous number of individual and it helps to lessen the burden of the courts by not
having multiple proceeding based on same cause of action but answers the issue of a
whole community by a single comprehensive trial.

[Link] suit
Based on the name indigent means a poor person thus in this reference it is a suit where
an individual does not have enough money to pay for the court process fee or are not able
to afford any expense related to the suit such suits are then called indigent suits. Here
monetary benefits, compensation or relief that is granted is higher than the normal suit as
the person is indigent also the relief is provided on a fast-track basis. One necessary
condition being that the person in indigent suit needs to provide a certificate that he is
indigent. Under the code of civil procedure,1908 suits by indigent person are covered
under order 33. The order 33 contains over 18 rules. The provision of the Code of Civil
Procedure highlights the civil suits which can be filed by individuals who are indigent.

The provisions cover that a person can be indigent if that person does not have power to
afford the process fee also provided that such person might be capable of having some
means to afford their livelihood through means of some property that might have which is
exempted from being attached under the subject matter or decree execution of the said
suit. So in such scenario if we do not consider the property that is subject matter in a said
 suit or the property which cannot be attached for the decree execution by the court, if the
person does not have any other means to pay for the suit then such person is a Indigent
person.

However, in circumstances where the court does not put any court process fee in that case
a person will be considered to be indigent if he does not have any property worth more
than a thousand rupees. Adding to this if after filing application to be considered as an
indigent person or before the judgment of the court comes on said application, then
indigent person acquires any property then such said person will be considered by the
court over such application to ascertain if such person is indigent or not.

For filing a suit an indigent person as per rule 1 of order 33 the person includes both a
natural person and a juridical person.

To ascertain if a person who has filed an application to be considered an indigent then the
executive magistrate or the SDM can inquire into such person, he shall verify the details
of the property of such person and based on such information prepare a report based on
the said report the court will make its mind if such a person will be considered indigent or
not. The court also has a discretionary power to examine such a person and their claims.

Order 33 rule 6, also provides a power to the defence to furnish evidence to the court
which can prove to the court that the plaintiff is not an indigent person. Thus, it provides
the defence a participatory power in the inquiry upon an indigent person.

If the application is approved to lead the suit a indigent person then in such a case
everything proceeds like a normal suit just the change being that they do not have to
furnish the court fee.

Once the suit has begun as a indigent suit even then the status of the indigent can be
revoked on basis of an application of the defendant based on the following points:

 Plaintiff’s conduct is vexatious or improper.

 The person claiming indigency is not indigent.
 There is a change in financial condition of plaintiff as he has entered into some
terms with a new party which is ready to finance the suit.

It is also the duty of the court to assign the pleader to the indigent person who has filed a suit
under order 33 of the code of civil procedure, 1908.
The provisions of the order 33 also covers that when it comes to realisation of the court fee
then in that case the person filing the suit is indigent so he will not be asked for realisation of
the court fee until the suit has been disposed of. Once, the suit is over court can seek for the
court fee from the indigent person through the means of the property such person acquired in
the suit, if in case the indigent person loses the suit and does not acquire any property in that
case the court will not realise its court fee.

[Link] suits. (suits by or against minor persons)

As the name itself suggest these are the suits which are filed by or against the individual
below the age of majority, order 32 of the Code of civil procedure, 1908 provides for such
suits. This is generally a suit where a suit is filed by minor person along with his or her
guardian. Covering in a certain case where the said minor is claiming relief in terms of a
property that he is supposed to enjoy, so they need someone to take care of the property be it
a guardian or a receiver who is appointed by the court to take care of such property until the
child comes of age that is he is 18 years old. Till the age of 18 the rights of the minor are
protected through the minor suit.

The provision for minor suit are covered under order 32 rule 1-16 of CPC,1908 the procedure
is clearly laid down under these provisions which are to be abided by when a civil suit is to
be instituted by a minor through their “guardian ad litem”. The minor under said provisions is
a person who has not attained a age of majority that as per section 3 of the Indian majority
Act of 1875 covering minor to be a person below 18 years of age.