High Courts(1937) 12 MAD CK 0031

Rarichan by guardian Unnooli alias Madhavi vs M.R. Anantanarayana Aiyar

Madras High Court · Decided on 2 December 1937 · Citation: AIR 1938 Mad 313 : (1938) 47 LW 153 : (1938) 1 MLJ 235

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Judgment

7 paragraphs · 171 words
1.

In exceptional circumstances, it has been laid down, an infant plaintiff can be called on to furnish security for costs. Mani Bai v. Lodd Govind

Doss (1907) 18 M.L.J. 155. In the case of a pauper appellant again, it has been uniformly held in this province (though a different view prevails in

the other Courts) that if special grounds are shown, he can be required to find security. Seshayyangar v. Jainulavadin ILR (1880) Mad. 66,

Saldanha v. Hart ILR (1920) Mad. 902, Thirupuraneni Narayana Rao Vs. Soorapaneni Veerayya and Others, and Subbiah Thevar v.

Balasubramania Pandia Thalavar (1931) M.W.N. 1157. Thus, the fact that the appellant here is both a minor and a pauper, does not by itself

entitle him to resist the application. In this case the effect of Burn, J.''s order is that the minor pauper is a mere creature in the hands of persons well

able to find security. This being so, the learned Judge''s order is confirmed and the Letters Patent Appeal is dismissed with costs.