1. The point for decision in this Revision Petition is whether a company as a juridical person is entitled to sue in forma pauperis under 0.33, R.1, C.P.C.

2. The contention raised before us is that the terms of 0.33, R.1, C.P.C. confer the privilege of suing as a pauper only upon a 'person' and that the word must for the purpose of 0.33 mean only 'natural person' as distinguished from 'juridical persons' such as Corporations, Companies, Associations or idols. In support of this proposition reliance has been placed firstly upon the case reported in S.M. Mitra v. Corporation of Royal Exchange Assurance (AIR. 1930 Rang. 259). In that case the applicant was an official receiver who applied to sue in forma pauperis. It was held.

"Word 'person' in 0.33 means 'natural person', that is, a human being and does not include a juridical person such as a Receiver and therefore a Receiver appointed under the Provincial Insolvency Act cannot be allowed to sue as a pauper, where the Receiver himself is possessed of sufficient funds to carry on the suit, though the estate of which he is the Receiver may not be sufficient for that purpose".

One of the learned judges constituting the Bench