1. Core Legal Answer & Context: A 'suit by an indigent person' (formerly known as a pauper suit) is a procedural provision under Order XXXIII of the Civil Procedure Code, 1908 (CPC). Its primary objective is to ensure that poverty does not become a barrier to accessing justice. It allows a person who is unable to pay the court fees required for instituting a suit to file the suit without paying such fees.

Who is an 'Indigent Person'? (Order XXXIII, Rule 1): An 'indigent person' is defined as one who:

• Does not possess 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 prescribed fees.
• Where no such fee is prescribed, is not entitled to property worth one thousand rupees.

Procedure for filing a suit by an indigent person:

• Application: The person must present an application to the court, containing the particulars required in a plaint, along with a schedule of all movable and immovable property belonging to the applicant, with the estimated value thereof.
• Inquiry: The court conducts an inquiry into the applicant's indigency. This inquiry may be conducted by the court itself or by an officer appointed by it.
• Grant or Rejection: If the court is satisfied that the applicant is an indigent person, the application is granted, and the suit proceeds without the payment of court fees. If not satisfied, the application is rejected.
• Costs: If the indigent person succeeds in the suit, the court fees that would have been payable become a first charge on the subject-matter of the suit and are recoverable by the State Government.
• Withdrawal of Permission: The court may withdraw the permission to sue as an indigent person if it finds that the applicant is no longer indigent or has been guilty of improper conduct.

2. Relevant Statutes and Sections: Order XXXIII (Rules 1 to 17) of the Civil Procedure Code, 1908.

• Rule 1: Defines who may sue as an indigent person.
• Rule 2: Specifies the contents of the application.
• Rule 5: Lays down grounds for rejection of the application.
• Rule 6 & 7: Outline the procedure for inquiry and hearing.
• Rule 11: Deals with costs where an indigent person succeeds.

3. Important Landmark Cases:

• Union Bank of India v. Khader International Construction: The Supreme Court emphasized that the provisions for indigent persons are beneficial and should be interpreted liberally to promote access to justice for the poor.
• M.L. Sethi v. R.P. Kapur: Discussed the scope of inquiry into indigency, stating that the court must satisfy itself about the applicant's financial status and not merely rely on their statement.

4. Clear Conclusion: The provision for suits by indigent persons under Order XXXIII CPC is a vital safeguard ensuring that financial constraints do not impede access to justice for the economically disadvantaged. By allowing them to litigate without upfront payment of court fees, subject to a judicial inquiry into their financial status, it upholds the constitutional principle of equality before the law and promotes social justice.