LAWS(P&H)-1951-6-27

ASSOCIATED PICTURES LTD. Vs. THE NATIONAL STUDIOS LTD.

Decided On June 21, 1951
ASSOCIATED PICTURES LTD. Appellant
V/S
The National Studios Ltd. Respondents

JUDGEMENT

(1.) A company known as the National Studios Limited (in voluntary liquidation) quoted a petition through its voluntary liquidation, Mr. Ram Partap Garg, in the Court." of Commercial Subordinate Judge at Delhi under Order XXXIII, Rule 1, Code of Civil Procedure for permission to bring a suit in 'forma pauperis for the recovery of Rs. 21.000/ - against represent Petitioner, a company known as associated Pictures Limited of Calcutta. Apart ,the question whether, the applicant, company has sufficient means to pay the requisite court -fee, the, question also arose whether a company could be regarded as a 'person' within the meaning of Order XXXIII, Rule 1, Code of Civil Procedure. It does not appear that has been any decision on this point by the Court of Lahore or by this Court by the learned Subordinate Judge could con(SIC) himself bound, and there are decisions of (SIC) High Courts in support of either side. (SIC) the judgment it seems that two decision favour of the view that a company is (SIC) not a "person" within the meaning of Order XXXIII, Rule 1, Code of Civil Procedure, were cited, whereas four decisions were cited to the contrary, in the circumstances the learned Subordinate Judge followed the view of what he considered to be the majority and held, it having been proved that the company in liquidation had not sufficient assets to pay the requisite court -fee, that the 'company was entitled to bring the suit in 'forma pauperis'. The Defendant company has come in revision against this order.

(2.) THERE is no doubt that in Clause (39) of Section 3 of the General Clauses Act of 1897 it is provided that, the word "person" shall include any company or association or body of individuals, whether incorporated or not, but at the same time it is clear that this meaning is not intended to be of universal application wherever the word "person" appears in a statue, since the opening words of Section 3 read:

(3.) (1) Where the application is in proper form and duly presented, the Court may, if it thinks fit, examine the applicant, or his agent when the applicant is allowed to appear by agent regarding the merits of the claim and the property of the applicant;