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1992 Supreme(Ker) 191

PARIPOORNAN
Union Bank of India – Appellant
Versus
Khaders International Constructions Ltd. – Respondent


Judgment :-

Respondents 1 to 3 in P.O.P.No.I of 1990, Sub Court Kochi are the revision petitioners. The petitioner and respondents 4 to 8 in P.O.P.No.1/90 are the respondents here in. /The first respondent herein as plaintiff, has laid the suit praying for a decree for a sum of Rs303.13 crores as damages for the breach of promise from the defendants. The first respondent/ plaintiff is a public limited company. It is represented by its Director and Power of Attorney Holder. The suit was laid in forma pauperis. A sum of Rs.39,31A 950/- is required as court fee for filing the suit. Stating that the plaintiff/ petitioner (1st respondent herein) has no means to pay the required court fee, the suit was laid in forma pauperis by invoking the provisions of Order 33 Rule 1 C.P.C. The respondents in P.O.P. No.1/90 resisted the claim of the plaintiff. Amongst others, the plea was taken that the suit is an experimental one, that the suit filed by the plaintiff (1st respondent herein) which is a company, will not lie, that the provisions ofO.33R.1 C.P.C. can be invoked only by a natural person, that the petitioner in P.O.P. No.1/90, a company, cannot invoke the provisions of 0.33 R. I C.P.C. an





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