Case: Union Bank of India Vs. Khader International Construction

party ordered by the decree to pay the same. It is further provided that when the suit is dismissed, then also the State would take steps to recover the court fee payable by the plaintiff and this Court fee shall be a first charge on the subject matter of the suit. So there is only a provision for the deferred payment of the Court fees and this benevolent provision is intended to help the poor litigants who are unable to pay the requisite Court fee to file a suit because of their poverty. Explanation 1 to Rule 1 of Order XXXIII states that an indigent person is one who is not possessed of sufficient amount (other than property exempt from attachment in execution of a decree and the subject matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit. It is further provided that where no such fee is prescribed, if such person is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject matter of the suit he would be an indigent person. Prior to the passing of the CPC (Amendment) Act 104 of 1976, the term "indigent person" had a slightly different Explanation. In that Explanation, it was stated that a person is a upper when he is not possessed of sufficient means to enable him to pay the fees prescribed by law for the plaint in such suit, or where no such fee is prescribed, if he is not entitled to property worth one hundred rupees other than his necessary wearing apparel and the subject matter of the suit. The expression `other than his necessary wearing apparel was deleted by CPC amendment Act No. 104 of 1976. These words had assumed some importance in attributing the meaning `natural person to the word `person mentioned in Order XXXIII. A company, idol or other juristic person cannot have the wearing apparel. However, as these words are now deleted by the Amendment Act No. 104 of 1976, the present Explanation I need alone be taken to construe the meaning of the term `person in Order XXXIII. In the CPC, though the term `person occurs in several other parts, it is not defined in the Code. The term "decree holder" defined in Section 2(3) is as follows : "Decree-holder means any person in whose favour a decree has been passed or an order capable of execution has been made." Under Section 2(10), "judgment-debtor" is defined to mean any person against whom a decree has been passed or an order capable of execution has been made. Order 1 of the CPC deals with the parties to suit. Rule 1 of Order 1 says who are all the persons that may be joined as plaintiffs in one suit. Rule 3 states who are all the persons who may be joined as defendants. 18. Any juristic person such as a company or idol can maintain a suit. These persons can be either decree-holders or judgment-debtors and in all these instances, the term `person is used to describe such company or idol or other juristic person as provided in the General Clauses Act. The definition of the term `person is given in the General Clauses Act according to which such term shall include any company or association or body of individuals whether incorporated or not. The said definition provides that the word `person would include both natural and artificial persons. 19. Under Order XXXIII, the petitioner who files an application has to present the application in person. Rule 3 of states that the person who is presenting the application shall be in a position to answer all material questions relating to the application and he may also be examined by the Court. 20. The counsel for the appellant argued that in view of this provision, the word "person" has to be understood to mean a natural person, otherwise the company would not be in a position to present the application. We do not think that such a view in correct. A company being a juristic person, it would be represented by a person competent to represent it. It is enough that a person competent to represent a company need present the application under Rule 3 of Order XXXIII. Minors, lunatics or persons under any disability are also entitled to file suit either represented through a guardian or next friend. They can also maintain an application under Order XXXIII. Under such circumstances, the real petitioner is not the person to present the application, but the guardian or the next friend who is competent to represent such petitioner to present the application under Rule 3, Order XXXIII. Therefore, to give meaning to the word `person, the procedure prescribed under Rule 3 has no significance. Lord Selborne in Pharmaceutical Society v. London and Provincial Supply Association, 5 Appeal Cases 857, observed : "There can be no question that the word `person may and ...prima facie does, in a public statute include a person in law; that is, a corporation, as well as a natural person. But although that is a sense which the word will bear in law, and which as I said, perhaps, ought to be attributed to it in the construction of statute unless there should be any reason for a contrary construction, it is never to be forgetten, that in its popular sense and ordinary use it does not extend so far." 21. Therefore, the word `person has to be given its meaning in the context in which it is used. It refers to a person who is capable of filing a suit and this being a benevolent provision, it is to be given an extended meaning. Therefore, we are of the view that a public limited company, which is otherwise entitled to maintain a suit as a legal person, can very well maintain an application under Order XXXIII, Rule 1 CPC.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]21. Therefore, the word `person has to be given its meaning in the context in which it is used. It refers to a person who is capable of filing a suit and this being a benevolent provision, it is to be given an extended meaning. Therefore, we are of the view that a public limited company, which is otherwise entitled to maintain a suit as a legal person, can very well maintain an application under Order XXXIII, Rule 1 CPC.