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Bare acts > Code of Civil Procedure, 1908 > Order 33 Rule 7
 
  


 

7. Procedure at hearing.- (1) On the day so fixed or as soon thereafter as may be convenient, the court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make a full record of their evidence.

(1A) The examination of the witnesses under sub-rule (1) shall be confined to the matters specified in clause (b), clause (c) and clause (e) of rule 5 but the examination of the applicant or his agent may relate to any of the matters specified in rule 5.

(2) The court shall also hear any argument which the parties may desire to offer on the question whether, on the face of the application and of the evidence (if any) taken by the court under rule 6, or under this rule, the applicant is or is not subject to any of the prohibitions specified in rule 5.

(3) The court shall then either allow or refuse to allow the applicant to sue as an indigent person.


HIGH COURT AMENDMENTS

Andhra, Madras and Karnataka.- Add sub-rule (4) as follows:

‘(4) Where the application is for leave to sue in representative capacity under Explanation III to Rule 1 or under Sections 91,92 or under Order I, Rule 8, this Court may, if it thinks fit, for reasons to be recorded in writing direct that the plaintiff shall give security for the payment of court-fee.”

Kerala, Laccadive, Minicoy and Amindivi Island.- Add in the end of sub-rule (3) after converting full stop in comma as follows:

‘Or direct that the application to be filed as a plaint on the applicant paying the requisite Court-fee within 30 days or such reasonable time as the Court may fix.” (9-6-1959).

 

 

 

 

 

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