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1975 Supreme(Pat) 147

HARI LAL AGRAWAL
Rajib Lochan Mahton – Appellant
Versus
Prafulla Kumar Ojha – Respondent


Judgment

1. This application in revision by the plaintiffs arises out of an order of the court below, refusing their prayer to sue in forma pauperis on the ground that they were guilty of deliberate suppression of material facts intended to perpetrate fraud upon the court.

2. The relevant facts are these: The petitioners filed an application under order XXXIII Rule 1 of the Code of Civil Procedure, to sue the opposite pasty for recovery of a sum above Rs. 8,00,000.00, an amount which must be said to be quite substantial. In the schedule of the properties belonging to them only two items were mentioned, namely, (1) Wearing apparels (old) valued at Rs. 200.00 and (2) old cooking vessels etc., valued at Rupees 300.00. In the rejoinder petition filed by the opposite party, it was disclosed that the petitioners had received compensation in different land acquisition cases in the years 1969 and 1970, more than Rupees 64,000.00 and that out of the said money received by them, they have purchased extensive first class paddy growing lands. It was further disclosed that apart from the acquisitions, they have sufficient ancestral lands of high value.

3. Petitioner No. 3 who examined himself in







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