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A fee is prescribed for filing a plaint. Under Order XXXIII rule 1 of the Code of Civil Procedure,…

Order XXXIII rule 1, Explanation I(a) asks whether the applicant can pay the prescribed plaint fee. It excludes property exempt from attachment in execution and the subject…

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A fee is prescribed for filing a plaint. Under Order XXXIII rule 1 of the Code of Civil Procedure, 1908, which financial test ordinarily determines whether the applicant is an indigent person?

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Answer and explanation

Correct answer A

Order XXXIII rule 1, Explanation I(a) asks whether the applicant can pay the prescribed plaint fee. It excludes property exempt from attachment in execution and the subject matter of the suit.

Explanation I(b) supplies a separate test when no fee is prescribed.

Option feedback

Option A

Explanation I(a) tests sufficient means to pay the prescribed fee, subject to its property exclusions.

Option B

The applicant may have some means and still be unable to pay the prescribed fee.

Option C

The statutory comparison is with the prescribed plaint fee.

Option D

The provision measures ability to pay the prescribed plaint fee.

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