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Fatma Bai Vs. D.R. Umrigar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case Number Pauper Petition 17 of 1909
Judge
Reported in(1910)12BOMLR102
AppellantFatma Bai
RespondentD.R. Umrigar
DispositionAppeal rejected
Excerpt:
.....part of the explanation to order xxxiii, rule 1, refer to the suit which may be instituted by a pauper as soon as his application to sue as a pauper has been accepted. ' the suit' referred to in the second part of the explanation is also the suit which may be instituted under the rule.;dwarka nath v. madhavrao (1886) i.l.r. 10 bom. 207 not followed. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated.....macleod, j.1. the applicant presented this application to the prothonotary under order xxxiii of the civil procedure code for leave to sue as a pauper. under rule 2 her application was bound to contain all the particulars required in regard to plaints in suits, and was therefore bound to show a cause of action. under rule 5, the court shall reject an application for permission to sue as a pauper inter alia when the applicant is not a pauper or when his allegations do not show a cause of action.i l r (1886) 10 bom. 207i l r (1886) 10 bom. 207
Judgment:

Macleod, J.

1. The applicant presented this application to the Prothonotary under Order XXXIII of the Civil Procedure Code for leave to sue as a pauper. Under Rule 2 her application was bound to contain all the particulars required in regard to plaints in suits, and was therefore bound to show a cause of action. Under Rule 5, the Court shall reject an application for permission to sue as a pauper inter alia when the applicant is not a pauper or when his allegations do not show a cause of action.

I L R (1886) 10 Bom. 207

I L R (1886) 10 Bom. 207


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