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Abdur Rahman and ors. Vs. Musammat Sughra Begam and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in9Ind.Cas.484a
AppellantAbdur Rahman and ors.
RespondentMusammat Sughra Begam and anr.
Excerpt:
civil procedure code (act v of 1908), order ix, rule 2 - suit dismissed for want of process-fee--order of appellate court restoring suit--appeal. - 1. musammat sughra begam instituted a suit against abdur rahman and others. she applied for leave to use as pauper and she was declared a pauper, and her suit registered as a suit brought in forma pauperis. then followed an order fixing the 13th of april 1909 for the settlement of issues, and directing the petitioner without delay to deposit the process fee, so that notice of this fact might be served on the defendant. this order was passed on the 20th march 1909. up to the 13th of april, the date fixed for the settlement of issues, musammat sughra begam made no effort to deposit the required process-fee. the case was then called up. it was found that no process-fee had been deposited, and the munsif passed what was, under the circumstances, a very proper order dismissing the suit. that.....
Judgment:

1. Musammat Sughra Begam instituted a suit against Abdur Rahman and others. She applied for leave to use as pauper and she was declared a pauper, and her suit registered as a suit brought in forma pauperis. Then followed an order fixing the 13th of April 1909 for the settlement of issues, and directing the petitioner without delay to deposit the process fee, so that notice of this fact might be served on the defendant. This order was passed on the 20th March 1909. Up to the 13th of April, the date fixed for the settlement of issues, Musammat Sughra Begam made no effort to deposit the required process-fee. The case was then called up. It was found that no process-fee had been deposited, and the Munsif passed what was, under the circumstances, a very proper order dismissing the suit. That order was passed under Order IX, Rule 2 of the Code of Civil Procedure. Musammat Sughra Begum appealed from this order. On the 28th of February 1910, the appeal was allowed subject to Musammat Sughra Begam paying Rs. 50 to Abdul Rahman, respondent, before the first hearing of the case. Abdul Rahman comes here in appeal. We cannot find any provision under the Code of Civil Procedure which allows an appeal being filed from an order of this nature. A right to appeal is a right which must be specially created by statute. As no law has been pointed out, we hold that no appeal lies. The appeal is dismissed.


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