SAVITRI DEVI Vs. BHURE MAL

JUDGEMENT

(1.) This revision is directed againtst an order dated April 6, 1967 of the Subordinate Judge 1st Civil Delhi, rejecting the petition Filed by the petitioner in fornut iwnperh. Tle reasons for rejection of the petition were two-fold-(1) that the petition had not been presented personally by the petitioner as required by rule 3 of Order XXXIII of the Code of Civil Procedure and (:) that the petitioner had failed to establish that she was a pauper.

(2.) The Rules and Orders of the Punjab High Court still govern the procedure to be adopted in the subordinate Courts. For this purpose instructions to the civil Courts relating to their general jurisdiction and administration are contained in Volume 1. Chapter I-M has dealt with special features of certain classes of cases including suits by paupers. It is provided in rule 2 of Chapter l-M(e) that before a pauper suit is admitted, the petitioner or his authorised agent, when the applicant is exempted from appearance in Courts should be examined regarding the merits of the claim and the properly of the applieant. If it appears to the Court that the suit is not framed and presented in the manner prescribed by Rules 2 and 3 of Order XXXIU. or that the applicant is not a pauper, or that he has fraudulently made away with any property etc. the application must be rejected. This particular rule talks of the Court which is seized of the pauper suit for thi purpoies of its trial. Then in Chapter 1-B rules have been made for the reception of plaints and applications. Rule 3 in Part B provides that plaints and petitions presented at the headquarters of a district will be received and distributed by the District Judge who may delegate this power under section 37 of the Punjab Courts Act to any Sordinate Judge and should always do so when it is for the convenience of the litigants. It is common knowledge that the Senior Subordinate Judge, Delhi, has been delegated this power of reception and distribution of plaints and applications which is vested in the District Judge, Delhi. Then rule 7 in this Chapter provides for the placing of ation box in the verandah of the Court house about one hour before the Court sits, an official being specially made to attend early for this purpose. It is then opened thrice during the course of the day and the matters filed are placed before the Presiding Officer.

(3.) It thus appears that in Delhi plaints and applications which are triable by Subordinate Judges are filed in such petition box which is placed outside the Court of the Senior Subordinate Judge and wherein plaints and applications which arc to be distributed for trial amongst the Subordinate Judges arc to be filed. Then the Senior Subordinate Judge exercises his powers of distribution and allocates such plaints and applications to various Subordinate Judges for trial. It may, however, be stated that similar petition boxes are placed outside the Court rooms of Subordinate Judges for reception of applications in suits which have been assigned to such Subordinate Judges.