JUGAL KISHORE vs DHANNO DEVI (DEAD) BY L.RS.

The Supreme Court held that the presentation of a pauper application under Order 33, Rule 2 and 3 of the Civil Procedure Code (CPC) constitutes the institution of a suit. The Court clarified that if the application is treated as a plaint and the court fee is paid subsequently, it relates back to the date of the pauper application, thus keeping the suit within the limitation period. The Court dismissed the appeal, affirming that the suit was filed on January 2, 1949, and was not barred by limitation under Section 149 CPC.