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.