GRAND BUOY ENTERPRISES Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) A partnership firm sought for leave to sue as an indigent erson for realisation of more than rupees four lakhs. The court fee payable would come to about rupees thirty thousand. It was on the premise that the firm has no assets of its own at present that the plaintiff has filed the application for leave to sue as an indigent person. But the application was dismissed by the lower court mainly on the ground that the partners of the firm have failed to show that they are not possessed of sufficient means to pay the court fees. However, time was granted to the applicant to pay the court fees for getting the suit registered as a regular suit. It is the said order which the firm has challenged before us.

(2.) According to the appellant, the firm consists of two partners only. The managing partner of the firm was examined as P.W.1 and he deposed that he has no means to pay the required court fee. The other partner was not examined, nor was it shown that the other partner has no means to pay the court fee.

(3.) O.33 R.1 of the Code of Civil Procedure, 1908 (for short 'the Code') provides for institution of a suit by an indigent person. Explanation.1 to R.1 defines indigent person. As per the definition, "a person is an indigent person if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit". R.1A says that an inquiry shall be made into the question whether or not a person is an indigent person. R.2 stipulates that every application for permission to sue as an indigent person shall contain the particulars required. R.3 enjoins that the application shall be presented by the applicant in person and R.4 obliges the court to examine the applicant, regarding the merits of the claim and the property of the applicant.