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2001 Supreme(SC) 878

K.G.BALAKRISHNAN, UMESH C.BANERJEE
Union Bank Of India – Appellant
Versus
Khader International Construction – Respondent


JUDGMENT

K.G. Balakrishnan J.-The point for decision in this appeal is whether the first respondent, a limited company ("the respondent" for short), is entitled to sue as an indigent person under Order 55, Rule 1 of the Code of Civil Procedure.

2. The facts of the case, in brief, are thus. The respondent filed a suit before the Sub-Court, Kochi, and sought permission to sue as an indigent person. The appellant herein raised objections and contended that the plaintiff being a public limited company was not a "person" coming within the purview of Order 55, Rule 1 of the Code of Civil Procedure, and the word "person" referred to therein applies only to a natural person and not to other juristic persons. The Subordinate Judge permitted the respondent plaintiff to sue as an indigent person. Aggrieved thereby, the appellant filed a revision and the same was dismissed by the learned single Judge of the High Court and that judgment of the High Court is assailed in this appeal.

3. We heard Mr. K. K. Venugopal, learned senior counsel for the appellant and Mr. T. L. Vishwanatha Iyer, learned senior counsel for the respondent. Learned counsel for the appellant contended that under Order 33, Rul




































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