SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1964 Supreme(Guj) 74

V.B.RAJU
PAREKH RAMNIKLAL GORDHANDAS – Appellant
Versus
JAISWAL MATHURLAL SHANKERLAL – Respondent


Advocates Appeared: C.G.SHASTRI, R.C.MANKAD

V. B. RAJU, J.

( 1 ) THE order against which this revision. application has been filed is an order rejecting an application for permission to sue in forma pauperis on two grounds:- (1) that under Order 33 Rule 5 cl. (a) and (d) Civil Procedure Code where it is not framed and presented in the manner prescribed by rules 2 and 3 and (2) that the allegations do not show a cause of action. The second argument is unsound because the learned Judge has held that the plaint does not show a cause of action. Order 7 Rule 11 C. P. Code shows that a distinction is made between failure to show a cause of action and bar of limitation or of any other law. The two ideas are quite distinct. It is contended that on the date of the suit there must be a subsisting cause of action and reliance is placed on H. Pascal v. Secretary of State A. I. R. 19r4 Rangoon. 111. The bar of limitation does not destroy the cause of action if any but only bars the remedy. The two ideas are distinct as seen from Order 7 Rule 11 C. P. Code. The learned Judge 15 therefore wrong in holding that the suit does not show a cause of action because it is time barred. He does not give any other reason for holding that the plaint do







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top