.... 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...

...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...

...….”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 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...

...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...

...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...

...-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...

...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...

...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...

...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...

...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...sue himself as an indigent person is under challenge on the grounds inter alia that the procedure prescribed under Rule 6 and 7 of Order 33 CPC has not been followed and...

...: "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...

...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...

...comply the condition as contemplated under Order Rule 33 (5) ( c) of CPC. In the absence of pleadings, and also absence of any amount of evidence, the petitioner cannot be declared as indigent person...This Civil Revision Petition is filed against the dismissal order in POP.No.285 of 2015 in unnumbered OS.No. Of 2015 dated 27.09.2018 on the file of the Principal District Judge, Salem...petition is dismissed. However, the petitioner is directed to pay the court fees within a period of two weeks from the date of receipt of copy of this order. No order as to costs. 13.07.2021...

... ***** ORDER The first respondent / wife has filed an application in P.O.P.No.1 of 2014 under Order 33 Rule 5 CPC seeking exemption from...that the trial Court has allowed the application filed under Order 33 Rule 5 CPC without ascertaining the first respondent's financial condition through the revenue officials. However, he further submitted that pending this revision, the order of the...filed under Section 115 of the Civil Procedure Code to call for the records pertaining to the order dated 06.04.2022 passed by the Principal Sub Court, Dindigul, in P.O.P.No.1 of 2014 and set aside...

...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...is no specific mention that Mahant Darshan Dass is specially empowered to present this application in the Court under Order 33, Rule 3 of the CPC. Thus this application is...

...the plaintiff to sue as an indigent person without notice to the defendant/petitioner, as required under Order 33 Rule 6 of the CPC. It is further submitted that even otherwise, the application seeking permission to sue as an indigent person filed by the plaintiff was not presented in person, as required under Order 33 Rule 3 of the CPC and is liable to be rejected in view of Order 33 Rule 5(a...deserves to be rejected if it is not filed in accordance with Order 33 Rule 3 of the CPC? VINOD KUMAR 2014.12.18 10:39 I attest to the accuracy and authenticity of this document Chandigarh CR No.5781 of 2014 (O&M) [5] **** Before..., Order 33 Rule 6 clearly provides that if the Court does not find any reason to reject the application in terms of Order 33 Rule 5 of the CPC, it...

...Order 33 Rule 6 of the CPC. It is further submitted that even otherwise, the application seeking permission to sue as an indigent person filed by the plaintiff was not presented in person, as required under Order 33 Rule 3 of the CPC and is liable to be rejected in view of Order 33 Rule 5(a.... As regards the question of notice to the defendant is concerned, Order 33 Rule 6 clearly provides that if the Court does not find any reason to reject the application in terms of Order 33 Rule 5 of the CPC, it...Order 33 Rule 3 read with Rules 5 and 6 of the CPC and the observations made by the learned Court below that the question of indigency could only be decided by the executive authority and...

...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...