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Rarichan (Minor) by Guardian Unnooli Alias Madhavi Vs. M.R. Anantanarayana Aiyar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1938Mad313; (1938)1MLJ235
AppellantRarichan (Minor) by Guardian Unnooli Alias Madhavi
RespondentM.R. Anantanarayana Aiyar
Cases Referred and Subbiah Thevar v. Balasubramania Pandia Thalavar
Excerpt:
- - order 1. in exceptional circumstances, it has been laid down, an infant plaintiff can be called on to furnish security for costs. 's order is that the minor pauper is a mere creature in the hands of persons well able to find security......thevar v. balasubramania pandia thalavar (1931) m.w.n. 1157. thus, the fact that the appellant here is both a minor and a pauper, does not by itself entitle him to resist the application. in this case the effect of burn, j.'s order is that the minor pauper is a mere creature in the hands of persons well able to find security. this being so, the learned judge's order is confirmed and the letters patent appeal is dismissed with costs.
Judgment:
ORDER

1. In exceptional circumstances, it has been laid down, an infant plaintiff can be called on to furnish security for costs. Mani Bai v. Lodd Govind Doss (1907) 18 M.L.J. 155. In the case of a pauper appellant again, it has been uniformly held in this province (though a different view prevails in the other Courts) that if special grounds are shown, he can be required to find security. Seshayyangar v. Jainulavadin I.L.R. (1880) Mad. 66, Saldanha v. Hart I.L.R. (1920) Mad. 902, Narayana Rao v. Veerayya : AIR1933Mad519 and Subbiah Thevar v. Balasubramania Pandia Thalavar (1931) M.W.N. 1157. Thus, the fact that the appellant here is both a minor and a pauper, does not by itself entitle him to resist the application. In this case the effect of Burn, J.'s order is that the minor pauper is a mere creature in the hands of persons well able to find security. This being so, the learned Judge's order is confirmed and the Letters Patent Appeal is dismissed with costs.


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