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1902 DIGILAW 15 (MAD)

Sankararama Ayyar v. Subramania Ayyar

1902-02-02

ARNOLD WHITE

body1902
JUDGMENT Arnold White, C.J. 1. 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 I.L.R. All. 299 and Amirtham v. Alwar Manikkam I.L.R. 27 Mad. 37. 2. This petition is dismissed with costs.