...was examined on oath by the learned Munsif. In that statement he clearly stated in terms of Order 33, Rule 5(c) and (e) of the CPC. A notice was issued on the opposite...did not make out the other ingredients for granting him permission to sue as a pauper as prescribed under Order 33 Rule 5 of the CPC. He remained completely silent about...those ingredients.”2. One is at a loss to appreciate as to what exactly are the other ingredients under Order 33, Rule 5, the learned Munsif wanted the petitioner to satisfy. The Court shall reject an application for permission to sue as a pauper if the petitioner does not satisfy the Court with regard to the requirements laid down in Order 33, Rule 5 of the CPC. Order...

.... Though notices were ordered to the respondents, no reply is filed. The petitioner/indigent person is present. Her statement is being recorded for the purposes of Order 33 Rule 4 of CPC. Heard the ld. counsel for the petitioner.ORDERS UNDER ORDER 33 RULE 5 OF...same reads as under:-“Statement of Petitioner (as under Order 33 Rule 4 of CPC) Mrs. Shub Lata W/o Mr. Ashok aged about 55 years, R/o 2202, Gali No. 5/1...Dated 29.04.2011”5. It appears from the order dated 29.04.2011 that the matter has now been put up for evidence of the petitioner on indigency. In the meanwhile, the respondents were...

...….”Thereafter, the High Court proceeded to conclude as under:“In the light of the abovesaid factual findings and in view of the position of law as seen from Order 33 CPC, I do not find any substance in the argument of the learned counsel for the petitioners. It is always open to them to raise those objections at the appropriate time. Hence the civil revision petition fails and the same is dismissed….”3. A bare perusal of Order 33 Rule 5 CPC...settled law on the point in the impugned order of the High Court. Order 33 Rule 5 CPC insofar as it is material, is as under:“5. Rejection of application.—The Court shall...of cause of action could not be deferred for consideration after grant of the permission. This alone is sufficient to set aside that order.5. Consequently, the appeal...

.... Venkata Reddi, 1971 Andh LT 12 it has been held by our High Court that Order 33, Rule 5 of CPC the application to sue in forma pauperis can be rejected only when the...that the Court below has got jurisdiction under Order 33, Rule 5 of Code to decide about the maintainability of the suit at the earliest point of time. In that view of the...relating to plaint, schedule and signing and verification, the failure to comply with any one of which would result by the operation of Order 33, Rule 5 in mandatory dismissal of...

...Order 33, Rule 5, clauses (a) and (d) of the CPC, 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...Order 33, Rule 5 of the CPC, 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...Order 33, Rule 5 of the CPC, 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...

...Order 33 Rule 5 of CPC. Hence, the first respondent filed civil revision petition before this Court in CRP.No.4089 of 2019 and this Court passed order of interim attachment before judgment in respect of... For R2 & 3 : No appearance COMMON ORDER The criminal original petition in Crl.OP.No.7754 of 2011 has been field...to set aside the order of the learned Judicial Magistrate, Arakkonam dated 2 02.03.2021 made in CMP.No.3997 of...

...application to sue as indigent persons would be under Order 33 Rule 1 CPC. Order 33 Rule 1-A CPC provides for inquiry into the means of an indigent person. Order 33 Rule 2 CPC provides contents of application. Order 33 Rule 4 CPC provides for examination of the applicant in case the application is in proper form and duly presented. Order 33 Rule 5 CPC...application for permission to sue as an indigent person can be rejected.12. Order 33 Rule 5 CPC reads as under:“5. Rejection of application.—The Court...instituted on the date on which the application for permission to sue as an indigent person was presented.”16. Thus, from the scheme of Order 33 CPC, it emerges that the application under Order 33 Rule 1 CPC seeking permission to sue as indigent person can be rejected on the grounds mentioned in Order 33 Rule 5 CPC...

...the ground that the suit is not maintainable under Clause (f) of Rule 5 of the Order 33, C.P.C4. The only question that arises for consideration is whether the provision of Clause (f) of Rule 5 of Order 33, C.P.C is applicable to the facts of the case.5. Rule 5 of Order 33, CPC lays...that Clause (f) of Rule 5 or Order 33, CPC squarely applies to this case. The order of the Court below therefore cannot be sustained in law. The prayer of the respondent to...Muhammed Kunju v. Sudhamma @ Saraswathi Amma & Others, (1990) 1 Ker LT 464 held on an interpretation of Order 33 Rule 5 that if the suit appears to be barred...

...-7 of its impugned order. 4. Learned Advocate Dr. Somaiya would further submit that, as per Order 33, Rule 5(f) of the CPC, such an application could not have been entertained..., whereby no error can be found on the part of the courts while rejecting application of the petitioner filed under Order 33, Rule 5(f) of CPC. Page 2 of 3...payment of court fees and thereby filed an indigent application under Order 33 of the CPC. The said application was rejected by the trial Court and so also confirmed by the Appellate Court...

...XIV Rule 5 of CPC filed by the petitioner has been rejected. 2. Brief facts of the case are that the respondent No.2 filed a petition for eviction under Section 9(a) of...application under Order XIV Rule 5 of CPC seeking amendment of existing issues and/or framing of additional issues. It is submitted that the issue with respect to landlord-tenant relationship had not...reflected in the impugned order. Further, the petitioner preferred an application under Order XIV Rule 5 of the CPC at a belated stage of the trial. In these circumstances, this Court is of the view that the...

...follow the same, especially when an application has been made by the landowner under Order 41 Rule 33 CPC.22. In view of the aforesaid interpretation given to Order 41 Rule 33 CPC by this Court, we are of the opinion that the High Court denied the relief to the appellants to which they are entitled in view of the Constitution Bench decision in Paripoornan (1994) 5 SCC..., by taking a rather restricted and narrow view of the scope of Order 41 Rule 33 CPC and also on a misconstruction of the ratio in Paripoornan (1994) 5 SCC...against the judgment of the Reference Court, but filed applications under Order 41 Rule 33 of the Civil Procedure Code, 1908 (for short “CPC”) claiming additional compensation at the rate of 12% p.a...

...ground to hold that the essential requirements for Order 38, Rule 5 of CPC have been complied with.33. With the above observations, the application is dismissed with costs.34. Application dismissed....company. Since the mandate and requirement of Order 38, Rule 5 of CPC have not been satisfied in this case, the applicant/plaintiff cannot maintain the present application and...is no order directing the respondent to furnish security and only notice was ordered under Order 38, Rule 5 of CPC and as there is no such direction, respondent is entitled...

...person is competent to reject the application under Order 33 rule 5 (a) CPC if the application is not framed and presented in the manner prescribed under rules 2 or 3 of that...application is liable to be rejected only if the applicant fails to make the amendment within the time fixed by the court. The order under appeal is, therefore, illegal and is set aside. 5...was rejected by the order under appeal only on the basis that in his application for permission to sue as such, the appellant had not mentioned the wearing apparels which were on his person at the...

...pendency of the suit two applications were filed by the petitioner herein. One under Order XII Rule 8 R/w Section 151 of CPC, 1908 seeking production of Cash Book, Ledger, Cash Receipt, Pass book pertaining to finance, Payment receipt, Finance License and statement of accounts. Another application was filed under Order XIV Rule 5 of CPC R/w Section 24 and 33 of...justified in dismissing the IA-14 filed under Order XII Rule 8 R/w Section 151 of CPC seeking production of certain documents. In fact, even if the said application had been...at the fag end of the suit. In respect of IA No.14, the defendants sought for production of certain documents in order to prove that the plaintiff had no licence under the Karnataka Money Lenders...

...the court below has proceeded with the suit without deciding the application under Order 33 Rule 1 CPC. Copy of a notice issued under Order 5 Rule 1...court on the pretext that the enquiry under Order 33 Rule 1 CPC is pending. The court has rightly observed that at the time of deciding the application for suing as an...indigent person, the objections of the defendant cannot be considered. However, as per order 33 Rule 9 CPC, the court on the application of the defendant may withdraw the...

...: "Notice given. Order pronounced in terms of Order 20 rule 1(3) CPC. 4 "In the result, this application stands disposed of with a specific order to the following effect: (a) The application fails at the threshold and is rejected under Order 33 Rule 5(f.... 7. The point for consideration is as to whether the Master was justified in simply passing the aforesaid order extracted supra, mainly based on Order 33 Rule 5(f) of CPC r/w...suit. A Court having no pecuniary jurisdiction cannot allow amendments which are far beyond its jurisdiction. As such on that count also the learned Master was wrong in passing such an order. Order 33 Rule 5(f) of CPC contemplates...

...rejection thereof under Rule 5 of Order 33 CPC. Therefore, the impugned orders, Annexures P-2 and P-6 are bad in the eyes of law on this score alone.3. No doubt...trial Judge shall proceed afresh in the matter from the stage of Rule 3 of Order 33 CPC.5. With the above observations the petition stands disposed of, so also...sub-rule 4 of Order 33 CPC, the Court may record the statement of the applicant/plaintiff and in the event of presentation of the application/plaint by his authorized agent, the...

...petitioners. The specific contention taken in Ext.P2 is that the mandate of Order 33 Rule 2 of CPC has not been complied with and 2 OP(C) No. 1422 of 2024 : 3 : therefore, the original petition is liable to be dismissed under Order 33 Rule 5(a...counsel for the petitioner would contend that all these things would constitute the fact that the mandate contained in Order 33 Rule 2 of CPC is not complied with. Consequently the original petition is liable to be dismissed under Rule 5(a.... 5. For a proper consideration of the issues involved in this case, it is profitable to extract Order 33 Rule 2 as well as Order 33 Rule 5(a) of the CPC which is extracted as...

...of action for the suit and, therefore, under Order 33, Rule 5, the application to sue as a pauper should have been rejected. The matter was not raised in this form in the trial Court. In the trial Court the contention was that in view of the provisions of Section 92 of the CPC, the...cause of action and therefore the application to sue as a pauper could not have been rejected under Order 33, Rule 5 of the CPC.7. Another contention raised is...33, Rule 3 of the CPC, the application to sue as pauper must be presented in the Court by the applicant in person or by an authorised agent who has been specially authorised to present this...

...the meaning of clause (d-1) of Rule 5 of Order 33 of the CPC. Where the court finds that one or more of the prayers, which cannot by themselves be said to constitute the suit...Order 33 R. 5 of the CPC, giving the petitioner an opportunity to file a fresh petition, if he thought it necessary, in respect of his claim for partition of the suit properties and a declaration that...rule 5 of Or. 33 of the Civil Procedure Court only directs that the court shall reject the application for permission to sue as a pauper where the suit appears to be barred by any law. In other...