SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1977 Supreme(Pat) 186

MADAN MOHAN PRASAD
Chandra Kanta Devi – Appellant
Versus
Mukteshwar Jha Alias Mukteshwar Thakur – Respondent


Judgment

Madan Mohan Prasad, J.

1. This application in revision is directed against an order passed by the Subordinate Judge, Madhubani refusing leave to sue in forma pauperis.

2. It appears that the petitioner filed an application under Order XXXIII, rule 1 of the Civil Procedure Code (hereinafter referred as "the Code") for permission to file a suit in forma pauperis, the suit being one for declaration of title and confirmation of possession and in the alternative for recovery of possession of the lands as per detail given in Schedule no.1 to the plaint.

3. The case of the petitioner in the plaint briefly stated, is that her father left behind him properties of which she came in possession in the year 1974 after the death of her widow mother, who was in possession prior to her, her three brothers having been dead. The widow of one of her brothers was, however, allowed by her to be maintained and to manage the cultivation of lands and participate in the enjoyment of the usufruct along with the plaintiff-petitioner. The defendants appear to be purchasers from the said brothers wife by sale-deeds and deed of gift which are alleged by the plaintiff to bo fraudulent, collusive and inop












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top