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Musammat Chhadngia vs Joti Pershad

Allahabad High Court · Decided on 24 May 1910 · Citation: 6 Ind. Cas. 703

HON’BLE JUDGES
Banerji, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 33 Rule 5
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Judgment

1 paragraphs · 149 words

Banerji, J.—This is an application for revision of an order of the Court below refusing to grant leave to the applicant to sue in forma pauperis. The Court refused her application for leave not on the ground that she was not a pauper or on any of the grounds mentioned in Order XXXIII, Rule 5, but on the ground that the litigation would very likely end in failure. This is not a ground upon which the Court could refuse an applicator leave to sue in forma pauperis. This was held in Faiz Mohammad Khan v. Azizunnisa C.W.N. (1893) 218. The Court below in refusing the application has acted illegally. I accordingly allow the application, set aside the order of the Court below and send back the case to that Court with directions to dispose of it in accordance with law. The costs in this case will follow the event.