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july 1972

Supreme Court of India · 1972-07-19

M. L. SETHI vs R. P. KAPUR

Citation / case number
SC 1972/60380
Court
Supreme Court of India
Petitioner
M. L. SETHI
Respondent
R. P. KAPUR
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court held that the application for permission to sue in forma pauperis is initiated upon presentation as per Order 33 of the Code of Civil Procedure (CPC). The Court ruled that the provisions of Order 11 regarding discovery apply to proceedings under Order 33, and failure to comply with discovery orders can lead to penalties. The High Court's decision to set aside the trial court's orders was overturned, affirming that the trial court acted within its jurisdiction in ordering discovery and dismissing the application for pauper status due to lack of evidence.

M. L. SETHI vs R. P. KAPUR · Niyam