Painter Bheru Singh Arts. vs. Commissioner Nagar Parishad Bhilawara

Code of Civil Procedure, 1908–Order 33, Rules 1 & 2–Dismissal of application–Propriety –Application was dismissed by treating the claim of petitioner barred by law–It was not examined as to whether the petitioner comes in the purview of indigent person–Even the claim of petitioner was barred by limitation, it cannot be held barred by law–Impugned order set aside and matter remanded back for deciding the application afresh.