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Musammat Chhadngia Vs. Joti Pershad - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in6Ind.Cas.703
AppellantMusammat Chhadngia
RespondentJoti Pershad
Excerpt:
civil procedure code (act v of 1908), order xxxiii, rule 6 - application to sue in forma pauperis--rejection on ground that litigation would end in failure. - - the court refused her application for leave not on the ground that she was not a pauper or on any of the grounds mentioned in order xxxiii, rule 5, but on the ground that the litigation would very likely end in failure......pauperis. this was held in faiz mohammad khan v. azizunnisa a.w.n. (1893) 218. the court below in refusing the application has acted illegally. i accordingly allow the application, set aside the order of the court below and send back the case to that court with directions to dispose of it in accordance with law. the costs in this case will follow the.....
Judgment:

Banerji, J.

1. This is an application for revision of an order of the Court below refusing to grant leave to the applicant to sue in forma pauperis. The Court refused her application for leave not on the ground that she was not a pauper or on any of the grounds mentioned in Order XXXIII, Rule 5, but on the ground that the litigation would very likely end in failure. This is not a ground upon which the Court could refuse an applicator leave to sue in forma pauperis. This was held in Faiz Mohammad Khan v. Azizunnisa A.W.N. (1893) 218. The Court below in refusing the application has acted illegally. I accordingly allow the application, set aside the order of the Court below and send back the case to that Court with directions to dispose of it in accordance with law. The costs in this case will follow the event.


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