P.GOVINDA NAIR, P.NARAYANA PILLAI, P.SUBRAMONIAN POTI
body1976
DigiLaw.ai
Judgment :- 1. This is an application for permission to file as pauper an original petition under Art.226 of the Constitution. Court-fee payable on the Original Petition is only Rs. 25/-. A. V. Balan v. District Collector. Trichur 1972 KLT. 588 is a Division Bench decision where this court refused to apply to a proceeding under Art.226 the provisions of Order XXXIII of the CPC. enabling institution of suits by paupers. Abdul Kareem v. District Medical Officer 1974 KLT. 21 and Devassy Manjooran v. Registrar 1975KLT. 348 are two Division Bench decisions of this Court where review provided for in Order XLVII and withdrawal of suit provided for in Order XXIII of the CPC. were extended to proceedings under Art.226 on the basis of S.141 of the CPC. Apart from the provisions of Order XLVII of the CPC. as held by the Supreme Court in Shivdeo Singh and others v. State of Punjab and others AIR. 1963 SC. 1909 power of review inheres in every court of plenary jurisdiction to prevent miscarriage of justice and to correct grave and palpable errors committed by it and there is nothing in Art.226 of the Constitution to preclude courts from exercising that power. In Babubhai Muljibhai Patel v. Nandlal Khodidas Barot and others, AIR. 1974 SC. 2105 another decision of the Supreme Court, it was held that the object of Art.226 being to provide quick and inexpensive remedy to aggrieved parties it would be incorrect to assimilate and incorporate all the procedures of a suit into a proceeding under Art.226. There the Supreme Court emphasised the words "as far as it can be made applicable" occurring in S.141 of the CPC. to show that it was not all procedures for suits which were intended to be made applicable to proceedings other than suits in civil courts. Provisions in the CPC. contain both substantive and procedural rights and what is made applicable to proceedings other than suits by S.141 of the CPC. is only those provisions which deal with matters of procedure and even in respect of those matters only those which could be made applicable. The right of a person to institute a proceeding as a pauper is a substantive right. Consequently the provisions of Order XXXIII cannot be applied to a proceeding under Art.226 of the Constitution. This application is in the result dismissed but in the circumstances without costs. Dismissed.