Law:

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Civil Procedure Code (V of 1908), O. XXXIII-Application to sue in forma. Pauperis Claim prima facie appearing barred by limitation but question of limitation involved, a complicated one­ Application, in such circumstance, cannot be rejected. Muhammad Akram Raja, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi, Attorney for Petitioner. Munir Ahmad, Advocate Supreme Court instructed by Tanvir Ahmad, Attorney for Respondents. Date of hearing : 8th July 1969. JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a learned Single Judge of the High Court of West Pakistan in a revision under section 115 of the Civil Procedure Code, refusing to interfere with an order of the trial Court, in a pauper application holding that the cause of action sought to be enforced in the plaint filed by the respondent was not barred by limitation. The respondent who was a worker under the petitioner, claimed damages for injuries sustained by him in the course of his employment in the Caustic Soda Solidification Plant of the petitioner. Being a poor worker he sought permission of the Court to sue in forma pauperis but the petitioner raised an objection to the effect that the permission should not be granted, because, the claim itself had become barred by limitation. The trial Court took the view that the cause of action was not barred. Against this a revision was filed in the High Court. The High Court,…

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