Writ petition impugning an order refusing permission to sue as an indigent person was disposed of. The court held that the appropriate remedy lies under Order XLI Rule 1 of the Code of Civil Procedure, not under Article 226.
Interim liberty granted to petitioner to avail remedy under Order XLI Rule 1 of CPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.16129/2021 (GM-CPC)
BETWEEN :
SMT ERAMMA W/O H NARAYANAPPA AGE 60 YEARS R/T KURUBARAHALLI VILLAGE HESARGHATTA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 086.
... PETITIONER
(BY SRI. N SURESHA, ADVOCATE)
AND :
SMT PUTTI BAI W/O LATE SHYAM A NAYAK AGED ABOUT 50 YEARS R/AT NO.1 MALLASANDRA VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 022.
... RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 25.02.2011 PASSED BY XV ADDITIONAL CITY CIVIL COURT BENGALURU IN P.MIS.9/2004 VIDE ANNX-D.
2
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
The petitioner who refused permission to sue as an indigent person under Order XXXIII of the Code of Civil Procedure, 1908 [for short 'CPC'] by order dated 25.02.2011 in P. Mis. No.9/2004 on the file of the XV Additional Civil Judge, Bengaluru [for short ' the civil Court '], has preferred this writ petition impugning such order. However, the petitioner's remedy must be under Order XLI Rule 1 of CPC.
Therefore, the petition stands disposed of with liberty to the petitioner to avail such remedy but subject to all just exceptions in law.
The registry is directed to return the certified copies to the learned counsel for the petitioner.
SD/- JUDGE
AN/-
2 issues framed by the court
Whether a writ petition challenging the refusal of permission to sue as an indigent person is maintainable under Article 226 of the Constitution.
Whether the remedy for refusal of permission to sue is available under Order XLI Rule 1 of the Code of Civil Procedure.
3 provisions across 2 enactments
Smt Eramma w/o H Narayanappa
Smt Putti Bai w/o Late Shyam A Nayak
B. M. Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
