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Thamaya Bangaruswami Naicker Vs. Vadamali Thirunathasundara Doss thevar - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in92Ind.Cas.415
AppellantThamaya Bangaruswami Naicker
RespondentVadamali Thirunathasundara Doss thevar
Cases ReferredKalliani Amma v. Matathil Veetil Achuthan Nair
Excerpt:
civil procedure code (act v of 1908), section 115, order xxxiii, rule 1 - government of india act, 1915, (5 & 6 geo. v, c. 61), section 107--application for leave to sue in forma pauperis--complicated questions, whether can be gone into--revision. - waller, j.1. i agree with the view of kumaraswami sastri, j., in kalliani amma v. matathil veetil achuthan nair 53 ind. cas. 239 : 37 m.l.j. 309 that it is undesirable on an application for leave to sue in forma pauperis to go into a complicated question of limitation. in this case the discussion of such a question has led to the delivery of a judgment six pages long.2. the order of the lower court is set aside. the application will be disposed of on the other grounds raised.3. the costs of this petition will abide the result.
Judgment:

Waller, J.

1. I agree with the view of Kumaraswami Sastri, J., in Kalliani Amma v. Matathil Veetil Achuthan Nair 53 Ind. Cas. 239 : 37 M.L.J. 309 that it is undesirable on an application for leave to sue in forma pauperis to go into a complicated question of limitation. In this case the discussion of such a question has led to the delivery of a judgment six pages long.

2. The order of the lower Court is set aside. The application will be disposed of on the other grounds raised.

3. The costs of this petition will abide the result.


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