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january 1962

Supreme Court of India · 1962-01-19

VIJAY PRATAP SINGH vs DUKH HARAN NATH SINGH AND ANOTHER (And ConnectedAppeal)

Citation / case number
SC 1961/121
Court
Supreme Court of India
Petitioner
VIJAY PRATAP SINGH
Respondent
DUKH HARAN NATH SINGH AND ANOTHER (And ConnectedAppeal)
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that an application to sue in forma pauperis is a method prescribed by the Code of Civil Procedure, 1908, specifically under Order XXXIII, and does not require the court to enter into a trial of the merits of the claim at the initial stage. The Court clarified that the jurisdiction of the court is limited to ascertaining whether a cause of action is shown in the application, and that a person wishing to join as a co-applicant must also be a pauper. The rejection of the application on the grounds that the claim was personal was deemed incorrect, establishing that such applications are not personal in nature and can involve multiple applicants if they meet the pauper criteria.

VIJAY PRATAP SINGH vs DUKH HARAN NATH SINGH AND ANOTHER (And ConnectedAppeal) · Niyam