Thanu Pillai and Another vs Nallathayammal and Others

Ramesam, J.—I think the proper test in a case of this kind is laid down by Walsh, J., in Sundarathammal and Another Vs. Paramaswami

Asari and Others, :

It is not, to my mind, so much, a question whether they have this power in the abstract but whether in the concrete circumstances of this case they

could succeed in raising anything substantial by exercising it.

I agree with these remarks. It is true that the petitioners have considerable properties. They are all heavily mortgaged some with possession. Some

of the mortgages are the subject of suits. In the circumstances, evidence is necessary to enable one to judge whether any money can be raised on

the properties. The plaintiffs should be allowed to adduce the evidence and the defendants may by cross-examination show, if they can, that

plaintiffs can and ought to raise money. If it is reasonable to hold that plaintiffs cannot raise the amount necessary for the suit, they will be allowed

to sue as paupers and, conversely.

I set aside the order and direct the petition to be disposed of with reference to the above remarks, according to law. The cost of this petition will

abide the result If the Court finds the plaintiffs are not paupers, it has discretion to grant time to pay court-fees. That is the practice here and in

every Court and is supported by Section 149, Civil Procedure Code.