JUDGMENT - (1) During the pendency of the investigation of pauperism of the petitioner herein the respondents have applied to this Court for rejection of the application of the petitioner to sue as a pauper under Order 33 Rule 5 of the Code of Civil Procedure on the ground that the plaint does not disclose any cause of action. For the purpose of this application it must be assumed and I am assuming that the allegations contained in the plaint are correct.

(2) The Petitioner claims to be an illegitimate daughter of one Mafatlal Gagalbhai (hereinafter referred to as the said deceased). The petitioner has alleged that her mother Sushilabai was concubine and Avaruddha Stree of the said deceased during his life time. The said deceased died intestate on the 19th day of July 1964, living behind him surviving his two sons, named Navinchandra and Bhagubhai, as his heirs and next-of-kin according to Hindu Law. The said Navinchandra and Bhagubhai have died, and Respondents Nos. 1 to 3 are the sons of the said Navinchandra and Respondent No. 4 is son of the said Bhagubhai. The petitioner alleges that she is unmarried, and as such illegitimate unmarried daughter of the said deceased, is entitled

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