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Lachmi and anr. Vs. Ram Bahadur - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1925All275a
AppellantLachmi and anr.
RespondentRam Bahadur
Excerpt:
- - ' he has rejected the application to sue as a pauper not on the ground that the plaint does not disclose a cause of action, but on the ground that the defendant had a good defence to the suit, namely that the matter in suit between the parties was merely res judicata......his allegations do not show a cause of action.' he has rejected the application to sue as a pauper not on the ground that the plaint does not disclose a cause of action, but on the ground that the defendant had a good defence to the suit, namely that the matter in suit between the parties was merely res judicata. it was not opened to the learned judge to dismiss the application on this ground and in doing so he has exercised a jurisdiction not vested in him by law or has at any rate acted with material irregularity in the exercise of his jurisdiction.2. i accordingly allow this application, set aside the order of the court below and direct that court to enquire into the application on the merits. costs will abide the result.
Judgment:

Daniels, J.

1. It appears to me in this case that the learned judge has misunderstood the meaning of the words in Clause (d) of Rule 5 of Order 33, of the Code of Civil Procedure, 'where his allegations do not show a cause of action.' He has rejected the application to sue as a pauper not on the ground that the plaint does not disclose a cause of action, but on the ground that the defendant had a good defence to the suit, namely that the matter in suit between the parties was merely res judicata. It was not opened to the learned Judge to dismiss the application on this ground and in doing so he has exercised a jurisdiction not vested in him by law or has at any rate acted with material irregularity in the exercise of his jurisdiction.

2. I accordingly allow this application, set aside the order of the Court below and direct that Court to enquire into the application on the merits. Costs will abide the result.


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