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TMI Blog1917 (11) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... show that the Nidhi was bankrupt and that the only properties it had (except the subject of the suit) were worth ₹ 12. The Subordinate Judge allowed the Nidhi to sue in forma pauperis and the respondents have filed this petition against the order. 2. The chief contention raised before us is that Order XXXIII of the Civil Procedure Code does not apply to companies, corporations or other associations. It is argued that as the explanation to Order XXXIII, Rule 1, refers to necessary wearing apparel and Rule 3 requires presentation of the petition by the applicant in person the order necessarily excludes petitioners who are not human beings. 3. We are unable to accept this contention. The word 'person' is not defined in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apply to corporations as it allowed a person to appeal on entering into a recognizance which a corporation was not competent to do was negatived by Bayley, J., who observed as follows: But assuming that they cannot enter into a recognizance yet if they are persons capable of being aggrieved by and appealing against a rate, I should say that that part of the clause which gives the appeal applies to all persons capable of appealing and that the other part of the clause which requires a recognizance to be entered into applies only to those persons who are capable of entering into a recognizance but is inapplicable to those who are not. 4. The word used in the explanation is 'person' and there is nothing repugnant in applying the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when personal appearance is necessary. The liquidator can therefore fulfil all the obligations required of a pauper petitioner under Order XXXIII. Rule 3 of Order XXXIII of the Civil Procedure Code, in our opinion, only prohibits a pauper who is competent in law to appear in person from taking advantage of Order III of the Civil Procedure Code and appearing by a pleader or recognized agent instead of being present personally. It does not cover cases where from the nature of the case physical presence is impossible or where the law, owing to any disability, directs that all acts required by the Code should be performed by a next friend. We are of opinion that there is nothing in Rule 3 to prevent an official liquidator from appearing and pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aintiff and is he a pauper within the meaning of the explanation to Order XXXIII, Rule 1, of the Civil Procedure Code. 7. The last contention is that as the liquidator received by his order of appointment a commission he is interested in the subject-matter of the suit within the meaning of Order XXXIII, Rule 5, of the Code of Civil Procedure. The provision only applies to agreement between the pauper and a third person with reference to the subject-matter of the suit. Where a Court or a company appoints a liquidator he is an officer who is appointed under statutory authority and the fact that he is paid a percentage of the collections does not bring him within Clause (e) of Order XXXIII, Rule 5. No particular debt is ear-marked with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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