Where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismisses,-- (a) because the summons for the defendant to appear and answer has not been served upon him in consequence of the failure of the plaintiff to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 1[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 2[an indigent, person] 1. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977). 2. Subs. by p. 81, ibid., for "pauper" (w.e.f. 1-2-1977).
Chapter ORDER XXXIII — Suits by Indigent Persons
Section Order XXXIII Rule 11
Procedure where indigent person fails
Printed from Law on Tips • The Code of Civil Procedure, 1908