Application to Sue as a Pauper

IN THE COURT OF court_designation, district

Civil Misc. (Order XXXIII) Application No. _____ of year Intended Civil Suit No. _____ of year Application under Order XXXIII Rule 1 of the Civil Procedure Code 1908

applicant_name, son / daughter of applicant_father, holder of CNIC No. applicant_cnic, resident of applicant_address, occupation applicant_occupation ... Applicant

VERSUS

respondent_name, son of respondent_father, resident of respondent_address ... Proposed Defendant / Respondent

APPLICATION TO SUE AS A PAUPER UNDER ORDER XXXIII RULE 1 CPC

Respectfully sheweth:

1. That the applicant proposes to institute a civil suit against the proposed defendant for the relief of nature_of_intended_suit, the cause of action having arisen on cause_of_action_date at cause_of_action_place, falling within the territorial and pecuniary jurisdiction of this Honourable Court.

2. That the proposed plaint, duly framed in accordance with the requirements of the Civil Procedure Code 1908, is annexed with this application, on a value of Rs. suit_valuation, with court fees of Rs. court_fee_payable payable thereon.

3. That the applicant is unable to pay the said court fees in view of his / her financial position, the particulars whereof are as follows: total movable and immovable property of the applicant is of an aggregate value of Rs. property_value, the breakup of which is set out in the schedule annexed; total monthly income from all sources is Rs. monthly_income; total monthly liabilities and household expenditure are Rs. monthly_expenses, leaving the applicant without sufficient means to pay the prescribed court fees.

4. That a complete statement of the applicant's property and income, in compliance with the requirements of Order XXXIII Rule 2 CPC, is set out in the schedule annexed to this application, and the applicant is prepared to support the same on solemn affirmation.

5. That neither the applicant nor any person claiming through the applicant has, within two months next preceding the presentation of this application, transferred any property fraudulently or with the object of being permitted to sue as a pauper, and the applicant has not, prior to this application, been declared a pauper in any other proceedings.

6. That the applicant undertakes to pay the prescribed court fees out of any sum decreed in the applicant's favour, in accordance with Order XXXIII Rule 10 CPC, and to abide by all the conditions imposed by this Honourable Court in this regard.

7. That the present application is bona fide, the applicant satisfies the conditions of Order XXXIII CPC, and the matter is necessary to be permitted to be sued in forma pauperis to enable the applicant to vindicate his / her rights without the obstacle of court fees.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Permit the applicant to sue as a pauper under Order XXXIII CPC against the proposed defendant for the relief sought in the annexed plaint;

(b) Register the proposed plaint as a suit and proceed with the same in accordance with law, dispensing with the requirement of payment of court fees, subject to recovery of the same in accordance with Order XXXIII Rule 10 CPC; and

(c) Pass any other order as this Honourable Court may deem just and proper in the circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above application and the schedule of property annexed are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ applicant_name Applicant Through: _____________________________ counsel_name Advocate