Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Permission granted merely on the basis of affidavit without any corroboration - Order set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Inquiry into means of applicant - Can be by the Chief Ministerial Officer of the Court - Power is given to Court either to adopt the report of such officer as its own finding or may itself make an inquiry into the question...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - More than one person - Indigency of all persons together is to be considered - Even if one of them is indigent or both individually are indigent, but if the means possessed by them together is sufficient to pay the Court fee payable, permission to sue as indigent should not be granted...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Two applicants - Both claimed indigent - Finding in relation to each of them not recorded - Order granting permission set aside...........
Civil Procedure Code, 1908, Section 60(1)(c), Order 33, Rule 1 -- Indigent person - Permission to sue - For determining the issue concerning `indigent person' the property which is exempt from attachment and the subject of suit is not to be taken into consideration...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 33, Rule 2 -- Plaint - Amendment - Proposed amendment seeking permission to sue as indigent person - Determination of indigent status material and relevant for determination of real controversy between parties - Suit at initial stage - No prejudice to be cause in case amendment is allowed -..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Minor children represented though mother - Minor not liable to pay court fee merely because next friend mother has sufficient means - It is property of minor only which is to be taken into consideration - However, next friend can be direct to submit security in view of O.32.R.2-A CPC...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Property of plaintiff mortgaged and plaintiff not in a position to convert property into cash by sale - Held, plaintiff is not possessing sufficient means to pay Court fees - Plaintiff allowed to institute suit as indigent person without payment of Court fees...........
Civil Procedure Code, 1908, Order 33, Rule 10, 11, Civil Procedure Code, 1908, Order 46 -- Permission to sue as indigent person - Payment of Court fee - Person permitted to sue as indigent person is liable to pay Court fee if he fails in the suit of the trial or even without trial - Payment of court fee is merely deferred and not altogether wiped off - Pauper plaintiff can..........
Civil Procedure Code, 1908, Order 23, Rule 6 -- Indigent person - Prior notice to Got. counsel necessary before allowing application - Plea of want of notice may be taken only by party to whom notice was required to be given i.e. Government counsel - Want of notice to Got. counsel - Plea cannot be raised by defendant...........
