does not apply to a proceeding for
permission to sue as a pauper.
^
Held, that O. XXXIII of the Code of Civil
Procedure lays down ... procedure for institution
of a suit by pauper. By cl. 5 (d) the court is
required to ascertain whether the allegation made
in the petition
Order 7 and
8--Sec. 149 Civil Procedure Code-Pauper application
subsequently with drawn-Enlargment of time by Court for
payment of court fee-Subsequent ... payment of court fee relates
back to the presentation of pauper application and the suit
is deemed to be presented from the date
opposite party filed an application for permission to sue as a pauper on 17th August 1934. There was some inquiry as to his pauperism ... 29th September 1934, the Court held that the applicant was not a pauper and rejected the application with costs. On 1st October 1934 the applicant
Tandon, JJ.) :
One Ganga Prasad instituted the suit in 1944 as a pauper. He prayed for permission to sue as pauper. The necessary permission ... representative. She just mentioned in the application that she was also a pauper hut she did not make any formal prayer in the application that
court-fee, or if they could allege and establish that they were paupers and were not able to pay the court-fee, the other learned ... proceedings in their own right either upon showing that they are themselves paupers or by offering to pay court-fee on the plaint
provided that an application for permission to sue as a pauper must be in writing, that-it is to contain all the particulars required ... Section 409, at which the question of the applicant's pauperism has to be determined. It will thus be observed that the proceedings under
Mehdi Begum. It was stated in the application that the petitioners were paupers and had no funds to pay the fee prescribed for the grant ... Court of civil jurisdiction and that therefore Order 33, which; provides for pauper suits, is applicable to applications for grant of succession certificates. Assuming that
plaint. The Code has prescribed also another mode. In case of a pauper, a suit can be instituted in the manner provided in Order ... Order 33 of the Code deals with a topic "suit by paupers". The marginal note is "Suits may be instituted in forma
respondent who made an application for permission to sue as a pauper. In the application presented by her which contained all the particulars which have ... suit but only an application to sue as a pauper, there was no jurisdiction in him to make an interim order such
Small Cause Court, Bombay, for leave to sue as a pauper to recover Rs. 218 due to him on a promissory note dated March ... April 15, 1940, refusing to allow the petitioner to sue as a pauper. On the same day the petitioner made an application to the Small