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E.N. Venkoba Row Vs. Thuniya Nataraja Chetty and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in3Ind.Cas.829
AppellantE.N. Venkoba Row
RespondentThuniya Nataraja Chetty and ors.
Cases ReferredKarnrcikh v. Sunder Nath
Excerpt:
civil procedure code (act xiv of 1882), section 409 - application to sue in forma pauperis--enquiry into the question of pauperism--scope of enquiry--whether enquiry can he extended to questions affecting the merits of the case--waiver by party--jurisdiction. - .....judge has held that the suit is barred by limitation. he was wrong in doing so vide full bench decision in rathnam pillai v. pappa pillai 13 m.l.j. 295 where it is heldthat the evidence taken under that section must be confined to the question of pauperism. the case in vijendra tirtlia swami v. sudhindra tirtha swami 19 m.k 197 relied on by the learned judge has been overruled by this fall bench decision in rathnan pillai v. pappa pillai 13 m.l.j. 295 which he has not referred to in his judgment, and the case in karnrcikh v. sunder nath 20 a.n 299 if opposed to the full bench decision, cannot be followed. we see no waiver, even assuming that such waiver would give jurisdiction to the court to decide the question. the subordinate judge has not decided the question whether the.....
Judgment:

1. The allegations in the plaint do not show that the plaintiff has no right to sue. But on evidence taken in the enquiry held under Section 409, the Subordinate Judge has held that the suit is barred by limitation. He was wrong in doing so Vide Full Bench decision in Rathnam Pillai v. Pappa Pillai 13 M.L.J. 295 where it is heldthat the evidence taken under that section must be confined to the question of pauperism. The case in Vijendra Tirtlia Swami v. Sudhindra Tirtha Swami 19 M.k 197 relied on by the learned Judge has been overruled by this Fall Bench decision in Rathnan Pillai v. Pappa Pillai 13 M.L.J. 295 which he has not referred to in his judgment, and the case in Karnrcikh v. Sunder Nath 20 A.n 299 if opposed to the Full Bench decision, cannot be followed. We see no waiver, even assuming that such waiver would give jurisdiction to the Court to decide the question. The Subordinate Judge has not decided the question whether the plaintiff is a pauper.

2. We must, therefore, reverse the orders, and remit the case to the Subordinate Judge to deal with it in accordance with law. Costs to abide the result.


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