Order 33, 44 of The Code of Civil Procedure, 1908

The question of entitlement to file a suit under Order 33 provided plaintiff is able to prove that he is not possessed of sufficient means to pay the requisite fees is required to be decided by holding an inquiry as prescribed under Order 33, Rules 4-7. Rule 9 empowers the Court to withdraw the permission granted under Rule 7(3).

Order 44, Rule 3(2) provides that where the applicant referred to in Order 33, Rule 11 is alleged to have become an indigent person since the date of the decree appealed from then inquiry, a must, into the question as to whether the applicant has become an indigent person or not since the date of decree appealed from.”

Hon’ble Justice Abhay Manohar Sapre, Sushil Thomas Abraham v. M/s. Skyline Build, [Civil Appeal No. 116 of 2019].