AIR 1961 KERALA 180 ::1961 Ker LT 45 ::1960 Ker LJ 1339 ::ILR (1961) 2 Ker 56

Kerala High Court

Hon'ble Judge(s): P. Govinda Menon, T. C. Raghavan , JJ

Civil P.C. (5 of 1908) , O.33 R.1— Word 'person' in O.33, R.1 means natural as well as juridical person - Company is entitled to sue in forma pauperis provided it is a pauper within O.33, R.1. A company as a juridical person is entitled to sue in forma pauperis provided it is able to come within the definition of pauper within the meaning of O. 33, R. 1 Civil P.C. AIR 1930 Rang 272 and (1880) 5 AC 857 and AIR 1918 Mad 362 and AIR 1937 Mad 549 (FB) and ILR (1954) 4 Raj 181 and AIR 1951 Hyd 124 and AIR 1944 Oudh 248 and AIR 1935 Nag 209 Rel. on; AIR 1930 Rang 259 and AIR 1938 Cal 745 and AIR 1951 Punj 447, Not foll.(Para 11) Unless the context and the object of the enactment require otherwise, 'person' in O. 33, R. 1 C.P.C., should nave the, extended meaning given to it in law. Under O. 33, R. 1, any suit may be instituted by a pauper. Suits under the Code of Civil Procedure can be instituted not only by natural human beings but also by artificial persons such as a corporation or an idol and also by persons like executors, administrators, trustees and official receivers who represent the estate of another. Prima Facie therefore, having regard to the scheme of the Code, the context and object of the enactment would not exclude juridical persons from the category of persons within the meaning of the said rule.(Para 8) ....