‘A disposed of his property worth Rs. 1,000 in August 1980′ to enable himself to sue as a pauper and apply for leave in September 1980. Will the application of ‘A be accepted or rejected by the court? Give reasons.

Question: ‘A disposed of his property worth Rs. 1,000 in August 1980′ to enable himself to sue as a pauper and apply for leave in September 1980. Will the application of ‘A be accepted or rejected by the court? Give reasons. [U.P. C.J. 1982]

Find the answer only on Legal Bites. [‘A disposed of his property worth Rs. 1,000 in August 1980′ to enable himself to sue as a pauper and apply for leave in September 1980. Will the application of ‘A be accepted or rejected by the court’? Give reasons.]

Answer

Order XXXIII of CPC provides for the filing of suits by indigent persons. Explanation 1 of Rule 1 of Order XXXIII provides that a person is an “indigent person”:

• If he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit, or
• where no such fee is prescribed, when he is not entitled to property worth one thousand rupees

Further Order XXXIII, Rule 5 (c) of the code deals with ‘Rejection of application’ and states that the court shall reject an application for permission to sue as an indigent person if the applicant has, within two months next before the presentation of the application disposed of any property fraudulently or in order to be able to apply for permission to sue as an indigent person.

Applying the above provisions to the present case at hand, in which ‘A’ disposed of his property worth Rs. 1,000 in August 1980 (just one month before application of leave to sue as pauper was presented) to enable himself to sue as a pauper and hence applies for leave in September 1980. So, based on the provision given under Order XXXIII, Rule 5 read with Explanation 1 of Rule 1 of Civil Procedure Code, application of ‘A’ should be rejected by the court to sue as a pauper.

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