High CourtsDivision Bench

Mu. Chidambaram Chettiar vs C.K. Kadar Mohideen Rowther and Others

Madras High Court · Decided on 23 July 1924 · Citation: AIR 1925 Mad 791 : 84 Ind. Cas. 968 : (1924) 20 LW 622 : (1924) 47 MLJ 522

HON’BLE JUDGES
Jackson, J

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Judgment

6 paragraphs · 127 words

Jackson, J.—The petitioner''s pauper petition was rejected merely because it was presented in person to the Sheristadar and not to the

Court.

2.

There is no reason to hold that Rule 14 of the Civil Rules of Practice is ultra vires. "" Court "" is nowhere defined in the CPC (1908) and the

Court or such officer as it appoints in this behalf "" is the Court for purposes of receiving suits, and, by analogy, applications. The insistence in

Order 33, Rule 3, Civil Procedure Code, is on "" in person "" not on Court as meaning "" Judge himself."" If necessary the learned Subordinate Judge

may take up the petition again in the light of these remarks; but possibly subsequent circumstances have rendered further action unnecessary.