Civil Procedure Code & Limitation Act LSF – 9

Answer to Question: Special Suits Against Minor, Indigent Person, Government & Interpleader Suit

I. Special Suits Against a MinorA. Representation: A minor must be represented by a guardian or “next friend” in a suit. The court ensures the minor’s interests are protected.B. Appointment of Guardian: If a suitable guardian is not available, the court may appoint a guardian for the suit to represent the minor.C. Consent Decree: Any settlement involving a minor requires the court’s approval to ensure fairness and protection of the minor’s interests.II. Special Suits Against an Indigent Person (Order 33, CPC)A. Definition: An indigent person is one who cannot afford the costs of a legal proceeding.B. Permission to Sue as Indigent: The person may apply for permission to sue as an indigent person, exempting them from court fees and other related costs.C. Inquiry and Grant: The court conducts an inquiry into the person’s indigence and, if satisfied, permits them to proceed without payment of fees.III. Special Suits Against the Government (Sections 79-82, CPC)A. Notice Requirement: Before suing the government, a plaintiff must deliver a notice of two months to the government official, specifying the case’s basis.B. Representation: The government or the public officer concerned is represented by an appointed officer.C. Special Privileges: The government enjoys certain privileges, like extended response times and immunity from arrest and personal appearance.IV. Interpleader Suit (Section 88 and Order 35, CPC)A. Definition: An interpleader suit is filed by a person holding property on behalf of others who are in dispute over the property’s ownership.B. Conditions:

  • No Interest: The plaintiff must not have any interest in the subject matter.Same Claim: The defendants must be claiming the same subject matter from the plaintiff.
  • C. Purpose: The purpose is to protect the plaintiff from multiple liabilities and to have the court decide the rightful claimant.D. Procedure:
  • Filing: The plaintiff deposits the subject matter with the court and files a suit.Notice and Hearing: The defendants are called upon to interplead their claims, and the court decides the rightful owner.
  • In conclusion, special provisions in the CPC for suits against minors, indigent persons, the government, and interpleader suits ensure justice and fairness while considering the unique circumstances of these parties. These provisions protect the interests of vulnerable parties and ensure that the legal process is accessible and equitable for all.