1937 (3) TMI 16 - HC - Indian Laws

Summary

Issues:
1. Whether an Official Receiver can sue as a pauper for the recovery of an insolvent estate.
2. Interpretation of the term "person" in Order 33, Rule 1, Civil Procedure Code.

Analysis:
1. The case was admitted due to a difference of opinion regarding whether an Official Receiver can sue as a pauper. The judgment referred to conflicting views from various High Courts. The matter was referred to a Full Bench for resolution.

2. The Full Bench analyzed whether an Official Receiver, as the holder of an insolvent's estate, can be considered a "person" under Order 33, Rule 1, Civil Procedure Code. The judgment delved into the legal definition of a "person" as per the General Clauses Act, encompassing both natural and legal entities. It highlighted that a person in law is one capable of rights and duties, including trustees and official receivers representing another's estate.

3. The judgment discussed the representative character of an Official Receiver akin to a trustee, citing legal precedents. It emphasized that the term "person" in the Civil Procedure Code should be interpreted broadly to include entities like executors, administrators, trustees, and official receivers. The judgment addressed the contention that the term "person" in the context of a pauper suit should only apply to natural persons, refuting it with legal reasoning.

4. Referring to historical decisions, the judgment reiterated that persons in fiduciary roles, such as administrators and executors, have been allowed to sue as paupers. It contrasted conflicting views from different judgments and jurisdictions, ultimately affirming that an Official Receiver can sue as a pauper if meeting the conditions specified in the law.

5. The judgment concluded that the Official Receiver could proceed with the suit as a pauper, subject to fulfilling the requirements set forth in the Explanation to Order 33, Rule 1, Civil Procedure Code. The case was remanded to the lower court for further assessment based on these conditions, with costs to abide by the outcome.