Indigent claimant access to Tribunal proceedings upheld where Order XXXIII was treated as applicable in principle.

Order XXXIII of the Code of Civil Procedure, 1908 was held applicable in principle to proceedings before the Railway Claims Tribunal where an indigent claimant sought to prosecute a claim and the Act contained no inconsistent procedure. The Tribunal's limited freedom from the Code under Section 18, its duty to follow natural justice, its civil-court powers under Section 18(3), and Rule 44 preserving inherent power supported access to justice. As a result, the Tribunal could not refuse to entertain the claim solely because the prescribed fee could not be paid.

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Issues: Whether an indigent claimant could be permitted to prosecute a claim before the Railway Claims Tribunal by invoking Order XXXIII of the Code of Civil Procedure, 1908, despite the fee requirement under the Railway Claims Tribunal Act, 1987 and the Rules.

Analysis: The statutory scheme conferred exclusive jurisdiction on the Railway Claims Tribunal for claims of the kind involved, but the Act did not contain any provision inconsistent with the procedure under Order XXXIII of the Code. Section 18(1) of the Railway Claims Tribunal Act, 1987 states that the Tribunal shall not be bound by the Code, yet it remains empowered to regulate its own procedure and is guided by natural justice. Section 18(3) also confers certain civil-court powers, and Rule 44 preserves the Tribunal's inherent power to make orders necessary for the ends of justice. The refusal to permit an indigent person to proceed would deny access to justice and leave a genuine claimant without a remedy merely for want of means to pay the prescribed fee.

Conclusion: Order XXXIII of the Code of Civil Procedure, 1908 was held applicable in principle, and the Tribunal could not refuse to entertain an indigent claimant solely because the prescribed fee could not be paid.

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