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Bolimati Murigadu and ors. Vs. Nalla Bapadu and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in73Ind.Cas.946
AppellantBolimati Murigadu and ors.
RespondentNalla Bapadu and ors.
Cases ReferredGovindasami Pillai v. Municipal Council
Excerpt:
civil procedure code (act v of 1908), order xxxiii, rule 5(d) - pauper petition--cause of action--extraneous evidence, admissibility of. - .....action.' the plaint certainly discloses a cause of action and it was not open to the court to go beyond it and. come to a finding which, in reality, is a finding that the petitioners are not likely to succeed en the cause of action alleged. the civil revision petition is allowed and the order of the lower court is set aside and the petitioners are given leave to sue in forma pauperis. costs will abide and follow the result of the suit.
Judgment:

Krishnan, J.

1. The order of the District Munsif is clearly opposed to the ruling in Govindasami Pillai v. Municipal Council, Kumbakonam 45 Ind. Cas. 95 : 41 M. 620 : 34 M.L.J 399. The learned Munsif has found that the petitioners are paupers but has travelled beyond the four corners of the plaint and relied on evidence to hold that the petitioners have 'no cause of action.' The plaint certainly discloses a cause of action and it was not open to the Court to go beyond it and. come to a finding which, in reality, is a finding that the petitioners are not likely to succeed en the cause of action alleged. The civil revision petition is allowed and the order of the lower Court is set aside and the petitioners are given leave to sue in forma pauperis. Costs will abide and follow the result of the suit.


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