SUITS BY INDIGENT PERSONS OR PAUPER SUIT

Ø  Pauper refers to a person without any property except the wearing apparel. In civil suits between two persons the plaintiff may claim before the court that he is a Pauper, that he has no means to pay the court fees and that the suit may be admitted without payment of court fee. The court will refer the request to the Collector as the representative of the State Government.

Ø  Immediately on receipt of a copy of a decree awarding pauper stamp duty, the Tahsildar, in whose jurisdiction the debtor resides, will be required to collect the amount. Form C.F.No.IX-20 will be used for this purpose and if debtor acquires any property as a result of the pauper suit, a copy of the decree will also be sent to the Tahsildar for information.

Ø  Immediately on receipt of the reference with a copy of the judgment or decree, the Tahsildar should send the file to the concerned Revenue Inspector for collection of stamps duty. If the person concerned is a beneficiary in the suit the amount should be collected without fail if necessary be resorting to the provisions of the Revenue Recovery Act. The delay in taking effective steps for the recovery of the stamp duty results in the defaulter escaping without payment by changing his place of residence and absconding.

Ø  If they consider that the prospects of recovering the stamp duty are remote they will give full reasons for their opinion. In every case in which the Tahsildar suggests writing off the amount as irrecoverable, the Tahsildars conduct personal enquiries instead of leaving to the Revenue Inspectors to decide that the duty is irrecoverable. The particulars required in the proforma prescribed for the purpose should be gathered and furnished.

Ø  Whenever stamp duty is collected, the number of the challan, its date and the name of the sub-treasury in which and the head of account to which the amount is credited, should be reported.

ENQUIRY REPORT BY THE COLLECTOR:-

On receipt of a copy of the plaint, the Collector shall cause a thorough enquiry through the Tahsildar as to whether the plaintiff is really a pauper and whether he may be allowed to sue inform papueris. Enquiry should reveal interalia the following.

i.         Whether he has a right or title or interest in any property, movable or immovable, other than the one claimed in the suit.

ii.             His income and the way of his living.

iii.          Whether he has disposed of in any form any property before filing the above pauper suit.

The Collector must report to the court the result of the enquiry. The court shall then decide whether to allow the request or not. If the request is allowed the original case will be taken up for trial and judgement pronounced. The order will indicate from whom the court fee value is to be recovered. The Tahsildar shall pursue action accordingly to recover the court fee. Action under the provisions of Revenue Recovery Act to attach the movables/immovables to realise the amount due can be taken. If after exhausting all possibilities to realise the court fees allowed to the Government, it is found that the amount is irrecoverable, action should be taken to write off the amount due. But before sending write off proposals, the Tahsildar should ensure that the Judgement debtor does not own/has not acquired any movable or immovable properties.

POWERS OF WRITE OFF:

In case there is no possibility of realising the court fees awarded, the officers noted below may, after careful enquiry, order its write off subject to the monetary limit noted against each;

As per G.O.Ms.No. 516 Home dt. 26.2.1979, G.O.(Ms) No. 482, Home dt. 25.2.82 and G.O.Ms.No.2561, Home dt.22.11.1989 powers have been given to write off the court fee awarded to Government in Pauper suit as follows: -

1.	Revenue Divisional Officer	-	Upto Rs. 1000/-
2.	P.A to Collector.	-	Upto Rs. 1000/-
3.	Collectors	-	Upto Rs. 2500/-

A Register in the form prescribed in Para 13 of Part I of District Office Manual should be maintained.

Reference:

1)   ORDER XXXIII of The Code Of Civil Procedure, 1908.

2)    Manual of Revenue Administration.