Law:

Section:

(a) Civil Procedure Code (V of 1908)- -) O. XXXIII, r. 5 (a) read with r. 2----Application for permission to sue in forma pauperis-Petitioner awarded certain sum as compensation under West Pakistan Motor Vehicles Ordinance (XIX of 1965) during pendency of such application-Compensation being not allowed by time of filing application, non-disclosure of such compensation in application to sue in forma pauperis, held, not within mischief of cl. (a) of r. 5 of O. XXXIII, C. P. C. Standard Vacuum Oil Co. v. Ch. Anwar-ul-Hag P L D 1959 Lah. 855 and The Sailkupa Co-operative Multipurpose Soiety, Ltd. v. Jahangir alias Abul Khair Muhammad Hadi-ul-Karlm (minor) and others P L D 1957 Dacca 374 distinguished. (b) Civil Procedure Code (V of 1908~- -- O. XXXIII, r. 5-Rejection of application for permission to sue as pauper-Rule 5, held, does not permit rejection of such application on ground of mala fides. (c) Civil Procedure Code (V of 1908)-- O. XXXIII, r. 5, cl. (d)-Rejection of application for permission to sue as pauper sought on ground of suit being barred by Motor Vehicles Ordinance, 1965, S. 67-G-Suit barred by law, held, does not mean non-existence of cause of action-Bar of jurisdiction, held, further quite different from absence of cause of action--,West Pakistan Motor Vehicles Ordinance (XIX of 1965), S. 67-G.-[Cause of action-Jurisdiction]. JUDGMENT The facts leading to this civil revision are that the petitioner, Muhammad Saeed, made an application for permission to file a suit against the respondent, Punjab Road Transport Board and three others, in forma pauperis, for Tecovery of Rs. 2,92,000. It was alleged by the petitioner that he was travelling in a bus owned by the first respondent when he met an accident, with the result that his left leg and shoulder were permanently impaired. He, therefore, wanted to claim the said amount as damages. 2. The application was resisted by the first two respondents only. They are the Punjab Road Transport Board, Lahore and the Intizamia Government Transport Service, Jhang. It was pointed out by them that during the pendency of the application the petitioner had been awarded Rs. 5,000 as compensation, under section 67-G of…

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