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Amba Alias Padmavati Vs. Srinivasa Kamathi - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in47Ind.Cas.646
AppellantAmba Alias Padmavati
RespondentSrinivasa Kamathi
Cases Referred and Ramkishen Lal v. Manna Kumri
Excerpt:
civil procedure code (act v of 1908), section 110, order xliv, rule 1, order xlv - privy council, appeal to--leave to appeal in forma pauperis--jurisdiction of high court. - .....v. manna kumri 44 ind. cas. 731. we respectfully adopt the grounds of the latter decision and dismiss the petition as far as it relates to leave to appeal in forma pauperis. there will be no order as to.....
Judgment:

1. The petition, in so far as it is for a certificate that the ease is a fit one for appeal to his Majesty in Council, is not opposed. We certify accordingly under Section 110 of the Code of Civil Procedure.

2. The petition is further for leave to appeal in forma pauperis. In Munni Ram Awasty v. Sheo Churn Awasty 4 M.I.A. 114 : 1 Sar. P.C.J. 323, Counsel (Mr. Moore) referred generally to a practice of the Courts in India granting such leave mentioning Bengal Regulation XXVIII of 1814. But no precedent for its grant has been proved in this Court and the authority of decisions in other High Courts is against it. Jagadananda Asram v. Rajendra Roy 18 Ind. Cas. 129 and Ramkishen Lal v. Manna Kumri 44 Ind. Cas. 731. We respectfully adopt the grounds of the latter decision and dismiss the petition as far as it relates to leave to appeal in forma pauperis. There will be no order as to costs.


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