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O. H. MOOTHAM, RAGHUBAR DAYAL, A. P. SRIVASTAVA
KUNDAN SUGAR MILLS, AMROHA – Appellant
Versus
INDIAN SUGAR SYNDICATE LTD. – Respondent
( 1 ) I have had the advantage of reading the order prepared by Srivastava J. I agree with the conclusion at which he has arrived for the reasons stated by him. R. Dayal, J.
( 2 ) THIS is an application under Order 44, Rule 1 of the Code of Civil Procedure for filing a cross-objection in forma pauperis in First Appeal No. 333 of 1957. The applicant is the Indian sugar Syndicate Limited (in voluntary liquidation) through its Liquidators four in number. Notice or the application was issued to the appellant, Kundan Sugar Mills, Amroha. A preliminary objection has been taken on behalf of the appellant to the effect that the provisions of Order 33 of the Civil Procedure Code do not apply to a limited company.
( 3 ) ORDER 33 of the Civil Procedure Code deals with suits by paupers. Its Rules 1 is: "1. Suits may be instituted in forma pauperis subject to the following provisions, any suit may be instituted by a pauper. Explanation:--A person is a pauper when he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit, or, where no such fee is prescribed, when he is not entitled to property worth one hundred rupees o
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