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Report No. 144

9.2.10. Recommendation.-

It appears to us, that the realistic approach would be to exclude the mortgagor's equity of redemption, while calculating his means for the purpose of Order 33. Our recommendation, therefore, would be to insert below Order 33, rule 1, an Explanation, somewhat on the following lines:

"Explanation.-In a suit to which Order 34 applies, the mortgagor's right to redeem the mortgage shall be excluded in calculating his means for the purposes of this rule."

9.3. Order 33, rule 5 and return of Application for want of Jurisdiction

9.3.1. Order 33, rule 5, states that the court shall subject an application (for indigent status) in any one of the circumstances mentioned in clauses (a) to (g) of that rule which, however, do not cover the case where the suit is not within the jurisdiction, pecuniary or otherwise, of the court.

Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back

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