High CourtsSingle Bench

Sankararama Ayyar and Another vs Subramania Ayyar and Others

Madras High Court · Decided on 2 February 1902 · Citation: (1902) 02 MAD CK 0006

HON’BLE JUDGES
Arnold White, C.J
RESULT
Dismissed
CASE NUMBER
Civil Revision Petition No. 203 of 1902
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

6 paragraphs · 118 words

Arnold White, C.J.—I am asked to revise an order of the District Judge dismissing an application for leave to sue in forma pauperis. The

argument has been that the Judge was bound to give leave if the allegations made by the Petitioners were such that, if true, they would show a

good cause of action. Such a construction of Section 407, Code of Civil Procedure, seems to me to be quite inconsistent with the express words

of Section 406, Code of Civil Procedure, and is unsupported by authority. The authorities are the other way-see Kamrakh Nath v. Sundar Nath

ILR All. 299 and Amirtham v. Alwar Manikkam ILR 27 Mad. 37.

2.

This petition is dismissed with costs.