Question

The word "is not possessed of sufficient means" in Order 33 Rule 1 refer :

• A. To dower debt due by the petitioner's husband
• B. To property over which petitioner has actual control
• C. To sufficient property and excludes sole means livelihoods
• D. None of these

Hint:

When interpreting provisions of the CPC, always look for accompanying 'Explanations' and 'Provisos'. They often contain crucial definitions and exceptions that are the basis for exam questions. Here, the Explanation to Rule 1 is key.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question is about the definition of an "indigent person" (formerly known as a pauper) under Order 33, Rule 1 of the Code of Civil Procedure, 1908. An indigent person is allowed to file a suit without paying the requisite court fees. The key to this status is proving that the person "is not possessed of sufficient means."

Step 2: Detailed Explanation:
Order 33, Rule 1 has an Explanation I which clarifies the meaning of "sufficient means". A person is considered an indigent person if:
\begin{enumerate} \item they are not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable them to pay the fee prescribed by law for the plaint in such suit, OR
\item where no such fee is prescribed, they are not entitled to property worth one thousand rupees other than the property exempt from attachment and the subject-matter of the suit.
\end{enumerate} The key takeaway is that certain properties are excluded when calculating "sufficient means". This includes property that is exempt from attachment under Section 60 of the CPC. Section 60 exempts items like tools of artisans, necessary cooking vessels, etc., which constitute the "sole means of livelihood."
Let's analyze the options: \[\begin{array}{rl} \bullet & \text{(A) Dower debt due is an asset and would be included, not the sole focus.} \\ \bullet & \text{(B) Property under actual control is part of the calculation but doesn't define the entire phrase.} \\ \bullet & \text{(C) This option correctly captures the essence of the rule. It refers to the total property possessed by the person but also correctly states that it excludes the sole means of livelihood (which is the property exempt from attachment). } \\ \end{array}\]

Step 3: Final Answer:
The correct answer is (C) as it most accurately reflects the legal position under the Explanation to Order 33, Rule 1, which states that in determining whether a person has "sufficient means", property exempt from attachment (which includes means of livelihood) is to be excluded.