Civil Procedure Code, 1908 (V of 1908) Order 33, Rule 1
- Petitioner had sought maintenance from her grandfather - Courts rightly came to the conclusion that as per provisions of Section 21 of the Hindu Adoptions and Maintenance Act, 1956,
dependents include father, mother and maintenance can be sought from grand father - The Court below, while deciding the application for interim maintenance, observed that mother of the
applicant is capable of maintaining her daughter having sufficient means of income and as such, she is not entitled to seek maintenance from grandfather. (182) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 33, Rule 1A, 3, 5, 6 -
Observation made by the learned Court below that the question of indigency could only be decided by the executive authority and not by the Court is also patently erroneous because the said
inquiry has to be made in terms of Order 33 Rule 1A of the CPC which provides that at the first instance, the inquiry has to be made by the chief ministerial officer of the Court. (178)
Civil Procedure Code, 1908 (V of 1908) Order 33, Rule 3 - Application
for suing as an indigent person has to be presented in person unless he is exempted from appearance in the Courts - In the present case, admittedly, the application to sue as an indigent
person was not presented by the plaintiff in person, rather it was presented by her advocate - Liable to be dismissed. (178) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 33, Rule 6 - Impugned
order by which the plaintiff was declared as an indigent person without notice to the defendant-petitioner was patently illegal. (178) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 33, Rule 9 - Suppression
of a material fact itself ought to be a sufficient ground for denying to the petitioner the benefit of prosecuting the appeal as an indigent person - Order 33 Rule 9 CPC contains provision
for dispauper - Suppression of the material fact relating to possession or entitlement has been held to be improper conduct within the meaning of this provision. (173) P.L.R.