High CourtsSingle Bench

Bolimati Murigadu and Others vs Nalla Bapadu and Others

Madras High Court · Decided on 28 February 1923 · Citation: 73 Ind. Cas. 946 : (1923) 18 LW 53

HON’BLE JUDGES
Krishnan, J

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Judgment

6 paragraphs · 148 words

Krishnan, J.—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.