PAREKH RAMNIKLAL GORDHANDAS v. JAISWAL MATHURLAL SHANKERLAL
1964-08-27
V.B.RAJU
body1964
DigiLaw.ai
V. B. RAJU, J. ( 1 ) THE order against which this revision. application has been filed is an order rejecting an application for permission to sue in forma pauperis on two grounds:- (1) that under Order 33 Rule 5 cl. (a) and (d) Civil Procedure Code where it is not framed and presented in the manner prescribed by rules 2 and 3 and (2) that the allegations do not show a cause of action. The second argument is unsound because the learned Judge has held that the plaint does not show a cause of action. Order 7 Rule 11 C. P. Code shows that a distinction is made between failure to show a cause of action and bar of limitation or of any other law. The two ideas are quite distinct. It is contended that on the date of the suit there must be a subsisting cause of action and reliance is placed on H. Pascal v. Secretary of State A. I. R. 19r4 Rangoon. 111. The bar of limitation does not destroy the cause of action if any but only bars the remedy. The two ideas are distinct as seen from Order 7 Rule 11 C. P. Code. The learned Judge 15 therefore wrong in holding that the suit does not show a cause of action because it is time barred. He does not give any other reason for holding that the plaint does not show a cause of action. ( 2 ) 2. But on the other point the learned Judge is right because Order 33 Rule 5 C. P. Code provides that the Court shall reject an application for permission to sue as a pauper where it is not framed and presented in the manner prescribed by rules 2 and 3. Rules 2 and 3 read as follows:-"2. Every application for permission to sue as a pauper shall contain the particulars required in regard to plaints in suits; a schedule of any movable or immovable property belonging to the applicant with the estimated value thereof shall be annexed thereto; and it shall be signed and verified in the manner prescribed for the signing and verification of pleadings.
Every application for permission to sue as a pauper shall contain the particulars required in regard to plaints in suits; a schedule of any movable or immovable property belonging to the applicant with the estimated value thereof shall be annexed thereto; and it shall be signed and verified in the manner prescribed for the signing and verification of pleadings. ( 3 ) NOTWITHSTANDING anything contained in these rules the application shall be presented to the Court by the applicant in person unless he is exempted from appearing in Court in which case the application may be presented by an authorized agent who can answer all material questions relating to the application and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person. " ( 4 ) IT is conceded in this case that the application for permission to sue as pauper did not contain the particulars required by rule 2. It is however argued that these particulars have been given subsequently but in view of the clear wording of Order 33 Rule 5 C. P. Code the lower Court was right in rejecting the application for permission to sue as a pauper on the ground that the application did not contain the particulars prescribed by rules 2 and 3. ( 5 ) THIS revision application is therefore dismissed with costs. Application dismissed. .