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1955 Supreme(AP) 256

Madhura Krishnamurthy Sastn – Appellant
Versus
Yerra Ramamurthu – Respondent


( 1 ) THIS Civil Revision Petition is filed against the order of the learned district Munsif of Rajahmundry rejecting O. P. No. 2 of 1952 on his file under order 33, rule 5, Civil Procedure Code. This original petition was at first presented to the District Court, Rajahmundry, on 26th February, 1949, by the present petitioner. He sought thereby leave to sue as a pauper for partition of the plaint A and B schedule properties into three equal shares by metes and bounds and for recovery of his share. He attacked alienations of these properties made in favour of the respondents 1 to 20 by his father (the 21st respondent to the petition) as having been effected without any legal necessity or benefit for the family and therefore not binding on him and the 22nd respondent, who is the brother. The petitioner therefore claimed the recovery of his third share of the alienated properties. He stated that he had attained majority on 26th February, 1946. The original petition was actually presented on 26th February, 1949, i. e. , on the very last day of limitation. It was numbered as O. P. No. 36 of 1949 on the file of the District court. Theie was an enquiry held into the petitioner s pauperism












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