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Sonnammal Vs. Coimbatore Maha Jana Bank, Ltd. and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1934Mad690; 152Ind.Cas.132
AppellantSonnammal
RespondentCoimbatore Maha Jana Bank, Ltd. and anr.
Excerpt:
- - in our opinion the vakalat given in connection with the petition must when the petition becomes converted into a suit be considered to have become vakalat given for the purpose of the suit unless the vakalat is distinctly confined to the pauper petition alone......given in connexion with the pauper petition would not be sufficient for-the purposes of the suit also. the vakalat already given to the pleader though it mentions 'original petition,' the printed word 'suit' above the words having been scored out does not specifically limit the appearance to the petition for permission to sue as a pauper only. by operation of law the petition to sue as a pauper becomes converted into a suit when it is allowed by the court. in our opinion the vakalat given in connection with the petition must when the petition becomes converted into a suit be considered to have become vakalat given for the purpose of the suit unless the vakalat is distinctly confined to the pauper petition alone. the 'purpose' for which the vakalat was given in the first instance.....
Judgment:
ORDER

1. In this case a petitioner who filed a petition for permission to sue as a pauper under Order 33, Civil P.C., engaged a pleader and gave him a vakalat in the usual form. The petition was allowed by the Court and was registered as a suit. The question arises whether the pleader should be given a fresh vakalat to conduct the suit or in. other words whether the vakalat already given in connexion with the pauper petition would not be sufficient for-the purposes of the suit also. The vakalat already given to the pleader though it mentions 'original petition,' the printed word 'suit' above the words having been scored out does not specifically limit the appearance to the petition for permission to sue as a pauper only. By operation of law the petition to sue as a pauper becomes converted into a suit when it is allowed by the Court. In our opinion the vakalat given in connection with the petition must when the petition becomes converted into a suit be considered to have become vakalat given for the purpose of the suit unless the vakalat is distinctly confined to the pauper petition alone. The 'purpose' for which the vakalat was given in the first instance becomes changed when the nature of the petition gets changed by operation of law. We would answer the question referred to us accordingly.


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