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1954 Supreme(Cal) 138

SARMA SARKAR, S.R.DASS
NIRMAL KUMAR MITRA – Appellant
Versus
MONORANJAN CHATTERJEE – Respondent


Advocates Appeared:
BENOYENDRA DEB RAI MAHASAI, CHAITANYA CHANDRA MUKHERJI, Satya Priya Ghosh

S. R. DAS GUPTA, J.

( 1 ) THIS is a petition for revision of an order of the Subordinate Judge, 24 Parganas. By the said order the learned Subordinate Judge held that the opposite party was a pauper and allowed his application to be adjudged as a pauper with costs.

( 2 ) THE suit out of which this application arises was filed on 21-7-1953 and there was a prayer that the plaintiff should be adjudged a pauper. The application for permission to sue as a pauper did contain the particulars required in regard to plaints in suits and there was a schedule attached thereto setting out the properties which according to the petitioner belonged to him with the estimated value thereof. The application was also signed and verified in the manner prescribed for the signing and verification of plaints. The value of the properties as given in the said Schedule which was schedule 'b' was only Rs. 30/- and it consisted of a bed, utensils and sundry articles. At the hearing before the learned Subordinate Judge the plaintiff gave evidence and according to his evidence his net income is Rs. 65/- per month derived from purchase and sale of old bottles. His further evidence was that he has seven mouths t





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