CiteTEXT
.... 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 ...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. ...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 o...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 satisf...
...….”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 ...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 ...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 w...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 ...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 dis...
...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 attachm...
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
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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 sho...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 pre...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 ...
...-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..., 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.
...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...
....11. An 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 ...the circumstances under which the application for permission to sue as an indigent person can be rejected.12. Order 33 Rule 5 CPC reads as under:“....”16. Thus, from the scheme of Order 33 CPC, it emerges that the application under Order 33 Rule 1 CPC seeking permission to sue 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 pro...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...Muhammed Kunju v. Sudhamma @ Saraswathi Amma & Others, (1990) 1 Ker LT 464 held on an interpretation of Order 33 ...
...Article 141 of the Constitution and the High Court is bound to follow the same, especially when an application has been made by the landowner under Order 41 Rule 33 CPC.22...., 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...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 on the market value for the period...
...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 ...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 th...
...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....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 dispos...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...
...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
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...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 lia....
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 ...
...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 ...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...
...
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ORDER
The first respondent / wife has filed an application in P.O.P.No.1 of 2014 under Order 33 ...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...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 C...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 conten...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, ...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 ..., 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 ...
...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 .... 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 ...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 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 ...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 dec...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...
..., made for seeking permission to sue as pauper, is prescribed in Rule 2 of Order 33 of CPC. In that view, Rule 2 has much significance in the matter, which is a...able to know and hold whether or not, the applicant is able to pay the Court fee on the plaint. This can be inferred from the word “shall” used in said Rule when seen with Order 33, Rule ...on the plaint.8. So, though Rule 1 of Order 33 of CPC says as to when a person can institute a suit as pauper, what should be the contents of an ...