Code of Civil Procedure, 1908–Order 33, r/w. Sec. 151–Rejection of the application on the grounds of being barred by limitation, no cause of acton, and the applicant not being an indigent person–Justification–The Chief Ministerial Officer of the Court submitted the report confirming the facts and all nine parameters–Notice was issued to defendant no. 8 and, thereafter, the Court declined to accept his application for disproving the case of the appellant–He ought to have been given the opportunity–Further, the appellant had clearly disclosed the cause of action in the suit and had also disclosed as to how the suit was within limitation–Impugned order is set aside and Trial Court is directed to pass a fresh order as per the provisions of Order 33, Rules 6 & 7.
