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Nanibala Dassya Vs. Jamini Sundari and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in70Ind.Cas.919
AppellantNanibala Dassya
RespondentJamini Sundari and ors.
Cases ReferredVenkatanarasayya v. Achemma
Excerpt:
civil procedure code (act v of 1908), order xxxiii - suit in forma pauperis--minor, suit by, maintainability of. - .....under the code. the law of india in this respect appears to be very different indeed from the law as prevailing in the court of chancery in england. under the circumstances, we have no option but to make this rule absolute and to direct the court below to proceed under order xxxiii. there will be no order as to costs.b.b. ghose. j.2. i agree.
Judgment:

Rankin, J.

1. In this case I am of opinion that the Rule must be made absolute. It appears that upon the terms of the Civil Procedure Code and the cases thereunder, in particular the case of Venkatanarasayya v. Achemma 3 M. 7 Ind. Dec. (N.S.) 558 a minor who is not possessed of sufficient means within the definition of pauperism for the purpose of Order XXXIII is entitled to be allowed to sue in forma pauperis by a next friend although the next friend is not a pauper. In like manner, the wealth or other circumstances of the minor's relation in general are not material under the Code. The law of India in this respect appears to be very different indeed from the law as prevailing in the Court of Chancery in England. Under the circumstances, we have no option but to make this Rule absolute and to direct the Court below to proceed under Order XXXIII. There will be no order as to costs.

B.B. Ghose. J.

2. I agree.


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