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Venguri Veeraraghava Rao Vs. Sri Mirja Nallaparaju Venkatanarasimha Raju Garu - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtChennai
Decided On
Reported in(1936)71MLJ355
AppellantVenguri Veeraraghava Rao
RespondentSri Mirja Nallaparaju Venkatanarasimha Raju Garu
Cases ReferredEdulji Cowasji v. Dadabhoy
Excerpt:
- - the wording of the rule is unqualified and it would seem that it clearly removes from the pauper category suits in which other persons are interested in the subject matter, the notion i think, being that such persons might pay the necessary court-fees......to continue to sue as a pauper or (c) if he has entered into any agreement with reference to the subject matter of the suit under which any other person has obtained an interest in such subject matter. it was argued in the lower court that as the plaintiff had admittedly, after he was given leave to sue in forma paupers executed a mortgage over the properties affected by the suit, the court should dispauper him under order 33, rule 9(c). civil procedure code. two points of view have been argued before me. mr. lakshmanna has argued that any agreement affecting the subject matter of the suit will be sufficient to enable the court to act under order 33, rule 9(c). mr. p. somasundaram has contended that such an agreement should be a champertous agreement and this i gather is the basis of.....
Judgment:

Mockett, J.

1. This is a Civil Revision Petition against an order of the Additional Subordinate Judge of Ellore rejecting the petition of the sixth defendant praying that the plaintiff may be dispaupered. Order 33, Rule 9, Civil Procedure Code, gives a discretion to the Court to dispauper a plaintiff, (a) if he is guilty of vexatious or improper conduct in the course of the suit, (b) if it appears that his means are such that he ought not to continue to sue as a pauper or (c) if he has entered into any agreement with reference to the subject matter of the suit under which any other person has obtained an interest in such subject matter. It was argued in the lower Court that as the plaintiff had admittedly, after he was given leave to sue in forma paupers executed a mortgage over the properties affected by the suit, the Court should dispauper him under Order 33, Rule 9(c). Civil Procedure Code. Two points of view have been argued before me. Mr. Lakshmanna has argued that any agreement affecting the subject matter of the suit will be sufficient to enable the Court to act under Order 33, Rule 9(c). Mr. P. Somasundaram has contended that such an agreement should be a champertous agreement and this I gather is the basis of the lower Court's order. Mr. Somasundaram's argument is supported by the decision in Abdul Jabbar Talukdar v. Sanu Bibi 38 C.W.N. 1069 to this extent that a Bench of the Calcutta High Court there held that Order 33 Rule 5(e) refers to a champertous agreement. The learned Judges in that case rely on Bai Chandaba v. Kuver Saheb I.L.R (1893) 18 Bom. 464 in which the Bombay High Court expresses the same view. Mr. Lakshmanna relies on Edulji Cowasji v. Dadabhoy (1913) 21 I.C. 537 where the Assistant Judicial Commissioner of Sind holds that there is no limitation by words in Order 33, Rule 9. Manohar Ramchandra Lakshman Mahadev I.L.R (1883) 9 Bom. 371 by implication is in line with the Sind case. The authorities are therefore far from unanimous and no Madras ruling has been cited. It seems to me that Order 33, Rule 9(c) need not necessarily refer to a champertous agreement. The wording of the rule is unqualified and it would seem that it clearly removes from the pauper category suits in which other persons are interested in the subject matter, the notion I think, being that such persons might pay the necessary court-fees. I do not see why such persons need be champertous at all. There is no reason for introducing qualifying words into the rule which seems to be clear enough as it is. My construction of Order 33, Rule 9(c) is that a person cannot sue as a pauper if at the time of the petition some other person has under an agreement an interest in the subject matter. I think it must be a subsisting interest at the time of the suit otherwise as has been pointed out in argument the subject matter of suits which long ago had been concerned in agreements no longer in force would be affected which I do not think is the intention of the rule. As I have already said, when there is another person at the time of the suit interested the likelihood is that such a person would pay the court-fee. The authorities assist me to that extent. In view of the above, the order of the lower Court should be set aside. But I think as there is a discretion in the Court under Order 33, Rule 9 that this matter should be sent back to the lower Court to be re-heard that is, it will be for the Court to decide whether in its discretion the petitioner should be dispaupered or not. The petitioner will have his costs of the revision petition.


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