Civil Procedure Code, 1908, Order 33, Rule 2 -- Permission to sue as indigent person - Utmost bona fide is required in matter of disclosure of assets - Deliberate concealment of material particulars of properties entails dismissal of application...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue as an indigent person - `Sufficient means' - Fact of FDR in the sum of Rs.75, 000/- in her name not mentioned in the application - However, applicant in cross examination admitted FDR in her name but stated that same is in possession of her in-laws and that applicant approached Bank authorities for loan..........
Civil Procedure Code, 1908, Section 115, Order 33, Rule 1 -- Permission to sue as an indigent person - Does not amount to an irregularity in the exercise of jurisdiction by the trial Court - High Court not to interfere in revisional jurisdiction...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue as indigent person - Report of Collector that husband of applicant has substantial income and that she is living with her husband - Nothing stated about income of applicant - Held, inquiry has to be into the means of the person who applies to sue as indigent person - Permission to sue as indigent person..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151, Order 33, Rule 3 -- Interim maintenance - Permission to sue as an indigent person pending - Interim maintenance can be granted during pendency of application seeking permission to sue as an indigent person...........
Civil Procedure Code, 1908, Order 33, Rule 2 -- Permission to sue as an indigent person - Furnishing of schedule of movable or immovable properties belonging to the applicant with the estimated value thereof and annexing the same is mandatory...........
Civil Procedure Code, 1908, Order 33, Rule 2 -- Permission to sue as an indigent person - Particulars of movable owned by applicant and value thereof not given - Held, applicant lacks bonafides - Omission is deliberate - Prayer rightly rejected by trial Court...........
Civil Procedure Code, 1908, Order 33, Rule 1, 2 -- Permission to sue as an indigent person - Schedule of movable and immovable property with the estimated value thereof to be annexed with the plaint - Rule is mandatory - Application is to be rejected when rule is not complied with...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue as an indigent person - Where applicant is sole proprietor of firm and carries on business of his firm by availing credit facilities from bank, all assets of his firm on which lending bank does not hold lien, must be disclosed - Disclosure of only a few personal effects of proprietor, without disclosing..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Limited company - Can sue as an indigent person...........