When a Pauper OP is pending in a court can the same be said to be a suit ? Can the question of limitation be raised in a Pauper Op
1 Reply
AnonymousLLB15 Dec 2009, 00:54
According to Order XXXIII Rule 5(f), The Court shall reject an application for permission to sue as an indigent person, if the allegations made by the applicant in the application show that the suit would be barred by any law for the time being in force.
A suit by indigent person would be regarded as a suit instituted on the date of presentation of application to sue as an indigent person.
If the claim is barred by limitation, the application is liable to be dismissed as per Rule 5(f). [Mercantile Credit Coporation Limited v. K. Sathyan, AIR 1997 KKerala, page 276, 277]
According to O XXXIII Rule 15A, a Court while rejecting an application under rule 5 or refusing an application under rule 7, can grant time to the applicant to pay the requisite court-fee within such time as may be fixed by the Court. Upon payment of the court fee within the time granted, the suit shall be deemed to have been instituted on the date on which the application for permission to sue as an indigent person was presented.
Thus, the date on which the application for permission to sue as an indigent person would be crucial to determination whether the suit is within time or barred by limitation.
In other words, if the application seeking permission to sue as an indigent person is barred by limitation, the said question of limitation can be raised.
In all other cases, the suit shall be deemed to have been instituted on the date on which the application to sue as an indigent person was presented to the Court.
1 Reply
According to Order XXXIII Rule 5(f), The Court shall reject an application for permission to sue as an indigent person, if the allegations made by the applicant in the application show that the suit would be barred by any law for the time being in force.
A suit by indigent person would be regarded as a suit instituted on the date of presentation of application to sue as an indigent person.
If the claim is barred by limitation, the application is liable to be dismissed as per Rule 5(f). [Mercantile Credit Coporation Limited v. K. Sathyan, AIR 1997 KKerala, page 276, 277]
According to O XXXIII Rule 15A, a Court while rejecting an application under rule 5 or refusing an application under rule 7, can grant time to the applicant to pay the requisite court-fee within such time as may be fixed by the Court. Upon payment of the court fee within the time granted, the suit shall be deemed to have been instituted on the date on which the application for permission to sue as an indigent person was presented.
Thus, the date on which the application for permission to sue as an indigent person would be crucial to determination whether the suit is within time or barred by limitation.
In other words, if the application seeking permission to sue as an indigent person is barred by limitation, the said question of limitation can be raised.
In all other cases, the suit shall be deemed to have been instituted on the date on which the application to sue as an indigent person was presented to the Court.