1917 (11) TMI 1

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....e Nidhi about Rs. 8,524 under a promissory note. The allegations in the petition show that the Nidhi was bankrupt and that the only properties it had (except the subject of the suit) were worth Rs. 12. The Subordinate Judge allowed the Nidhi to sue in forma pauperis and the respondents have filed this petition against the order. 2. The chief contention raised before us is that Order XXXIII of the Civil Procedure Code does not apply to companies, corporations or other associations. It is argued that as the explanation to Order XXXIII, Rule 1, refers to necessary wearing apparel and Rule 3 requires presentation of the petition by the "applicant in person" the order necessarily excludes petitioners who are not human beings. 3. We are una....

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....& 0., 314, the argument that an enactment (47, Geo. III, C. 111) did not apply to corporations as it allowed a person to appeal on entering into a recognizance which a corporation was not competent to do was negatived by Bayley, J., who observed as follows: But assuming that they cannot enter into a recognizance yet if they are persons capable of being aggrieved by and appealing against a rate, I should say that that part of the clause which gives the appeal applies to all persons capable of appealing and that the other part of the clause which requires a recognizance to be entered into applies only to those persons who are capable of entering into a recognizance but is inapplicable to those who are not. 4. The word used in the explan....

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....l proceedings on behalf of the company and may be required to appear when personal appearance is necessary. The liquidator can therefore fulfil all the obligations required of a pauper petitioner under Order XXXIII. Rule 3 of Order XXXIII of the Civil Procedure Code, in our opinion, only prohibits a pauper who is competent in law to appear in person from taking advantage of Order III of the Civil Procedure Code and appearing by a pleader or recognized agent instead of being present personally. It does not cover cases where from the nature of the case physical presence is impossible or where the law, owing to any disability, directs that all acts required by the Code should be performed by a next friend. We are of opinion that there is nothi....