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1. I have had the advantage of reading the order prepared by Srivastava J. I agree with the conclusion at which he has arrived for the reasons stated by him.

R. Dayal, J.

2. This is an application under Order 44, Rule 1 of the Code of Civil Procedure for filing a cross-objection in forma pauperis in First Appeal No. 333 of 1957. The applicant is the Indian Sugar Syndicate Limited (in voluntary liquidation) through its Liquidators four in number. Notice or the application was issued to the appellant, Kundan Sugar Mills, Amroha. A preliminary objection has been taken on behalf of the appellant to the effect that the provisions of Order 33 of the Civil Procedure Code do not apply to a limited company.

15. For the reasons stated above I repeal the preliminary objection and hold that the applicant company comes within the expression "person" in the Explanation to Rules 1 of Order 33 of the Code and can file a cross-objection in forma pauperis, if other requirements of the law are satisfied.

A.P. Srivastava, J.

16. In First Appeal No. 333 of 1957 Kundan Sugar Mills Amroha is the appellant. One of the respondents is the Indian Sugar Syndicate Limited in voluntary liquidation. The Indian Sugar Syndicate Limited sought the permission of this Court for filing a cross-objection in forma pauperis. When notice of the application was given to the appellant a preliminary objection was raised and it was urged that it was not open to a limited company to take advantage of the provisions of Order 33 of the Civil Procedure Code and to file a cross-objection in forma pauperis. The point being of some importance and judicial opinion in respect of it being conflicting the Division Bench before which the preliminary objection was raised has referred the question to a Full Bench.