1. Civil Procedure Code, 1908 (V of 1908) Order 43, Order 7, Rule 11, Order 33, Rule 50 - As per Order 33 Rule 7 sub clause 3 CPC, it is always open to the court either to allow or to refuse to allow the applicant-plaintiff to sue as indigent person - In view of alternative remedy available to the defendant- petitioner to challenge the order allowing an application granting permission under Order 33 Rule 1 CPC, it will not be appropriate to adjudicate regarding the dismissal of the application under Order 7 Rule 11 CPC in the exercise of jurisdiction under Article 227 of the Constitution of India - Constitution of India, Article 227. (179) P.L.R.
  2. Civil Procedure Code, 1908 (V of 1908) Order 43, Rule 1 - Appellate court could not tread on the jurisdiction point only while deciding the  appeal - Was enjoined upon an obligation to frame points of detemination and ponder upon oral and documentary evidence lead by the respective parties by the Lrs. (179) P.L.R. 

 

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