Limitation and petition to be recognised as indigent person
seetharaman
(Querist) 08 August 2012
This query is : Resolved
Respected sir/Madame
I appear for respondent in a petition filed by the petitioner to declare him as a indigent person. I am resisting the petition on the ground that the very claim in the suit which is for damages is barred by the limitation, hence the petition has to be dismissed as per Order 33;Rule 5 of C.P.C.
Now my querry is when the very claim for damages is barred by limitation, what? is the purpose of allowing the petition to recognise the petitioner as a Indigent person?
ajay sethi
(Expert) 08 August 2012
Order 33, Rule 5 -- Application to sue as indigent person -- Burden of proof -- When a person alleges that he is an indigent person, the burden of proof is on the opposite parties to establish that the applicant is not an indigent person -- Rejection of the application by the court without issuing notice to the opposite parties to adduce evidence is not sustainable in law [ Rosamma Vs. Chacko & anr. 1999(1) KLT 182 = 1999(1) KLJ 229. (P.A. Mohammed & D. Sreedevi.(JJ)].
.
ajay sethi
(Expert) 08 August 2012
Civil Procedure Code, 1908, Order 33, Rule 5 -- If the suit appears to be barred by any law or limitation, then the Court is bound to reject the application for permitting to sue as an indigent person...........kerala high court .
seetharaman
(Querist) 09 September 2012
Respected Mr Ajay sethi,
If the suit appears to be barred by any law or limitation, then the Court is bound to reject the application for permitting to sue as an indigent person...........kerala high court .
" will u please post thecitation detail"
Thankyou
ajay sethi
(Expert) 09 September 2012
lawmirror.com/search.php?...
Results 11 - 20 of 23 – Civil Procedure Code, 1908 , Order 33 - Rule 1 - Suit in forma pauperis - Once ... KERALA HIGH COURT ... Civil Procedure Code, 1908 , Order 33 - Rule 5 - If the suit appears to be barred by any law or limitation, then the Court is bound to reject the application for permitting to sue as an indigent person.
https://www.lawmirror.com/search.php?...indigent%2520rejected...co...
Results 51 - 60 of 79 – KARNATAKA HIGH COURT ... Civil Procedure Code, 1908 , Order 33 - Rule 1 - Indigent person ... ground that applicant has not appeared in person is not sustainable in law, when ... Code, 1908 , Order 33 - Rule 5 - If the suit appears to be barred by any law or limitation, then the Court is bound to reject ...
