Skip to content


Gurusam1 Chetti Vs. Krishnasami Naikar and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad419
AppellantGurusam1 Chetti
RespondentKrishnasami Naikar and ors.
Excerpt:
religious endowments act - act xx of 1863, section 18--suit sanctioned for removal of trustees--leave to sue in forum pauperis--civil procedure. code-act xiv of 1882, sections 402, 407. - 1. in chapter xxvi of the code of civil procedure and particularly in petitions 402 and 407, the restrictions on the liberty of the right to sue as a pauper are expressly prescribed. we should be adding to those restrictions if we hold that a man should not be allowed to sue as a pauper when his suit is one that is brought under the devasthanam act.2. we must reverse the order and remand the case for the proper disposal of the petitions. respondents must pay the costs of the present petitions.
Judgment:

1. In Chapter XXVI of the Code of Civil Procedure and particularly in petitions 402 and 407, the restrictions on the liberty of the right to sue as a pauper are expressly prescribed. We should be adding to those restrictions if we hold that a man should not be allowed to sue as a pauper when his suit is one that is brought under the Devasthanam Act.

2. We must reverse the order and remand the case for the proper disposal of the petitions. Respondents must pay the costs of the present petitions.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //