Law: Civil Procedure Code (V of 1908)

Section: O. XXXIII, r.. 7 read with S. 149

(a) Civil Procedure Code, (V of 1908)------   ----O. XXXIII, r.. 7 read with S. 149-Application for permission to sue in forma pauperis Pending such application counsel making statement that applicant is prepared to pay Court-fee-Court without passing any order of allowance or refusal on application, allowing time to applicant to pay Court-fee-Suit, held, relates back, so far as date of ins titution is concerned, to date of filing of application.   While plaintiff's application for permission to sue in forma pauperis was yet pending, his counsel made a statement on the 12th of November 1958 to the effect that plaintiff was prepared to pay the requisite Court-fee if he were allowed some time to do so. The Civil Judge, without passing any order on the original application for permission to sue in forma pauperis, ordered the plaintiff to pay the Court-fee by a certain date. On that date, the plaintiff paid up a portion of the Court-fee and made another application for permission to sue in forma pauperis in respect of his remaining claim. Another date was fixed for a decision on this application, and on that date the plaintiff made another application to be permitted to make up the deficiency in Court-fee as he had succeeded in raising funds to pay up the balance of the Court-fee. The Court; by order allowed the plaintiff to pay up the balance of the Court-fee by a certain date. In compliance with this order, the Plaintiff, made up the deficiency in the Court-fee and his case was reistered as a suit.   On- the defendant's objection that the suit was time-barred:   Held that at the time of rejection or refusal of an application to sue in forma pauperis, time can be allowed under section 149, Civil Procedure Code, and if such time is allowed by Court and the deficiency in Court-fee is made up within the allowed time limit, the suit when registered, relates back to the date when the original application to sue in forma pauperis was made. In the circumstances of the present case, it was difficult to hold. that the application to sue in forma pauperis bad been rejected or refused. But even if it be assumed that the statement of the counsel,…