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Sudarsana Venkatacharyulu and ors. Vs. Sri Venugopalaswami Varu, Represented by the Trustees, Garlapati Venkataramayya and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1948)2MLJ570
AppellantSudarsana Venkatacharyulu and ors.
RespondentSri Venugopalaswami Varu, Represented by the Trustees, Garlapati Venkataramayya and ors.
Excerpt:
- mack, j.1. the order of the learned subordinate judge is in accordance with existing practice and is correct. an objection to his pecuniary jurisdiction need not be determined before permission to sue in forma pauperis is granted. it does not come within the scope of order 33, rule (5) of the civil procedure code as one of the grounds on which an application for permission to sue in forma pauperis may be rejected. the petition is dismissed with costs. advocate's fee rs. 35.
Judgment:

Mack, J.

1. The order of the learned Subordinate Judge is in accordance with existing practice and is correct. An objection to his pecuniary jurisdiction need not be determined before permission to sue in forma pauperis is granted. It does not come within the scope of Order 33, Rule (5) of the Civil Procedure Code as one of the grounds on which an application for permission to sue in forma pauperis may be rejected. The petition is dismissed with costs. Advocate's fee Rs. 35.


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