Order 30, rule 4 - Notice in what capacity served
Where a summons is issued to a firm, and is served in the manner provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service,...
Order 30, rule 5 - Appearance of partners
Where persons are sued as partners in the name of their firm, they shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue in the name of the firm.
Order 30, rule 8 - Suits between firm and partners
This Order shall apply to suits between a firm and one or more of the partners therein, and to suits between firms having one or more partners in common; but no execution shall be issued in such suits...
Order 32, rule 1 - Minor to sue by next friend
(1) Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.
(2) Before the name of any person shall be used in any action as...
Order 32, rule 3 - Guardian ad litem
(1) Where the defendant is a minor, the court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian ad litem of such minor.
(2) An order for the appointment...
Order 32, rule 8 - Retirement of next friend
(1) Unless otherwise ordered by the court, a next friend shall not retire without first procuring a fit person to be put in his place and giving security for the costs already incurred.
(2) The...
Order 32, rule 9 - Removal of next friend
(1) Where the interest of the next friend of a minor is adverse to that of the minor, or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely...
Order 32, rule 10 - Stay of proceedings
(1) On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place.
(2) Where the advocate of such a minor...
Order 32, rule 14 - Unreasonable or improper suit
(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by a next friend be dismissed on the ground that it was unreasonable or improper.
(2) Notice of...
Order 33, rule 2 - Contents of application
Every application for permission to sue as a pauper shall contain the particulars required in regard pleadings, together with a statement that the pauper is unable to pay the fee prescribed in such...
Order 33, rule 3 - Presentation of application
Notwithstanding anything contained in these Rules, the application shall be presented to the court by the applicant in person unless the applicant is exempted from appearance in court by section 82 of...
Order 33, rule 4 - Examination of applicant
Where the application is in proper form and duly presented the court may, if it deems fit, examine the applicant or his agent, when the applicant is allowed to appear by agent, regarding the merits of...
Order 33, rule 5 - Rejection of application
The court shall reject an application for permission to sue as a pauperâ
(a) where it is not framed and presented in the manner prescribed in rules 2 and 3;
(b) where the applicant is not a...
Order 33, rule 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...
Order 33, rule 9 - Dispaupering
The court may, on the application of the defendant, of which seven daysâ clear notice in writing has been given to the plaintiff, order the plaintiff to be dispauperedâ
(a) if he is guilty of...
Order 33, rule 10 - Costs where pauper succeeds
Where the plaintiff succeeds in the suit, the court shall calculate the amount of the court fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper; such...
Order 33, rule 11 - Procedure where pauper fails
Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or dismissed because the plaintiff does not appear when the suit is called on for hearing, the court shall order...
Order 33, rule 15 - Costs
The costs of an application for permission to sue as a pauper and of an inquiry into pauperism shall be costs in the suit.
Order 33, rule 16 - Court fees
(1) If any defendant alleges that he is unable to pay court fees the registrar, upon application being made for that purpose, shall inquire into the question of his poverty and, if he is satisfied on...
Order 34, rule 4 - Order upon summons
If the claimants appear in pursuance of the summons, the court may order either that any claimant be made a defendant in any suit already commenced in respect of the subject-matter in dispute in lieu...
Order 34, rule 5 - Summary procedure
The court may, with the consent of both claimants, or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the...
Order 34, rule 6 - Costs and other orders
The court may make all such orders as are just and reasonable as to costs and all other matters including, where appropriate, orders for the sale or disposal of the subjectmatter of the dispute, and...
Order 34, rule 8 - Questions of law
Where the question in issue is a question of law and no facts are disputed the court may decide the question without the trial of an issue.