5. Rejection of application.- The court shall reject an application for permission to sue as an indigent person— (a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or (b) where the applicant is not an indigent person, or (c) where he has, within two months next before the presentation of the application, disposed of any property fraudulently or in Order to be able to apply for permission to sue as an indigent person: Provided that no application shall be rejected if, even after the value of the property disposed of by the applicant is taken into account, the applicant would be entitled to sue as an indigent person, or (d) where his allegations do not show a cause of action, or (e) Where he has entered into any agreement with reference to the subject matter of the proposed suit under which any other person has obtained an interest in such subject matter, or (f) where the allegations made by the applicant in the application show that the suit would be barred by any law for the time being in force, or (g) where any other person has entered into an agreement with him to finance the litigation. HIGH COURT AMENDMENTS Allahabad.- (1) Add the following explanation at the end; “Explanation - An application shall not be regieeted under clause (d) merely on the ground that the proposed suit appears to be barred by any law)’
(2) Add in clause (a) between the figure “3” and the word “or” the following;
“and the applicant, on being required by the Court to make any amendment within a time to be fixed by the Court, fails to do so.” (15-44933). Andhra Pradesh.- In Order XXXIII, (1) (a) in Rules, for clause (d) the following clause shall be substituted, namely; “(d) where the allegations in the application show that suit is barred by law or do not show a cause of action”;
(b) Clause (d-1) shall be omitted; (4-3-1975). Kerala (Lakshadeep Island).- After clause (d) insert “(d-1) where the suit appears to be barred by any law, or” (9-6-1959). Karnataka.- In Rule 5, substitute the following for clause (a); “5(a) Where it is not framed and presented in the manner prescribed by Rules 2 and 3 and the applicant when required by the Court to rectify the defect within a time to be fixed by the Court fails to do so, or.” Orissa.- Deleted (14-5-1984).
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