(1.) THIS Notice of Motion is taken out by defendant Nos. 1 and 2 praying that the plaintiff be dispaupered under the provisions of Order XXXIII, Rule 9 of the Code of Civil Procedure, 1908.
(2.) THE suit is filed by the plaintiff Venkatesh Iyer for declaration that the defendants/any one of them, their servants/officers etc. are guilty of treating the plaintiff with negligence, and seeking a decree for a sum of Rs. 47 lakhs as and by way of damages in accordance with the particulars of claim at Exhibit II to the petition with interest. Prayer for punitive damages also is made by the plaintiff.
(3.) THE plaintiff had sought permission to sue the defendants in forma pauperis as per the provisions of Order XXXIII, Rule 1 of the Code of Civil Procedure, 1908. Proceedings accordingly were conducted before the Prothonotary and Senior Master as per Chapter XIII of the Rules of High Court of Judicature, Bombay on the Original Side read with Order XXXIII, Rule 1 of the Code of Civil Procedure. In these proceedings, the plaintiff was examined on oath, in which he stated that he was not possessed of sufficient means and therefore, he was applying for leave to sue as an indigent person.