PIARE LAL Vs. BHAGWAN DAS

JUDGEMENT

(1.) These are four applications in revision and are directed against four orders by which the petitions of the applicant for permission to sue as a paper have been rejected. It appears that the applicant Peare Lal filed four applications in the same Court for permission to sue as a pauper. The applications were directed against different opposite parties. The Court below came to the conclusion that the applicant was entitled to sue as a pauper, but was of opinion that his applications must be rejected because the verification at the foot of the applications was not according to law. The applications did, as they should, take the form of a plaint and contain the necessary allegations that were required to be made in a plaint but were not so verified as a plaint should be. The law (Order 6, Rule 15, Civil P.C.) says: The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.

(2.) The verification contained in the several petitions was to the effect that the statements made were true to the knowledge and belief of the applicant. The applicant did not say which of the statements he verified from his personal knowledge and which he verified from information received and believed to be true. Order 33, Rule 5 says that: The Court shall reject an application for permission to sue as a pauper, (a) where it is not framed and presented in the manner prescribed by Rules 2 and 3, etc.

(3.) Rule 2 referred to states that: every application for permission to sue as a pauper shall be signed and verified in the manner proscribed for the signing and verification of pleadings.