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...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...
.... 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...
...….”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...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 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 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 ...
...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 befor...
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...
....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 Rule ...
...-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...
...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 di...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...
...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...
...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...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 R...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 ...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...
...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 ...
...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...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...
...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...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 themselve...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...
...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 ...