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1977 Supreme(Pat) 164

HARI LAL AGRAWAL
Ramjee – Appellant
Versus
Bishwanath Pd. Sah – Respondent


Judgment

1. This application in revision is directed against the order of the learned Subordinate Judge, Muzaffarpur, refusing to grant permission to the petitioners-applicants to sue the defendants-opposite party in forma pauperis under the provisions of O. 33 of the Civil P. C.

2. The petitioners intend to institute a title suit against the defendants through their next friend, one Shri Hari Shankar Prasad, inter alia for the removal of the defendants first party, the shebaits of the petitioner deities and for appointment of new shebaits in their place, for framing a scheme for the proper management of the properties of the petitioners and for rendition of accounts of the income and expenditure by the defendants first party.

3. In the plaint, a copy of which was annexed to the application in question, the petitioners have stated that the defendants first party were acting in violation of the terms of the deed of trust, were misappropriating the income of the properties of the petitioners and were not paying anything to them.

4. A report was called for from the Deputy Collector, Incharge Legal Section, Muzaffarpur, as to the pauperism of these petitioners. The report dated 10-9-196







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