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1969 Supreme(Mad) 271

PALANISWAMY
Al. Ar. Alagappa Chettiar – Appellant
Versus
Pl. Ct. Palaniappa Chettiar – Respondent


Advocates:
N. C. Raghavachari and N. S. Varadachalam, for Appellant; C. R. Ganesan, for Respondent.

Judgement

ORDER :- The point for consideration in this application taken out by the plaintiff under O.14, R.12 of the Original Side Rules is whether he is a pauper within the meaning of Order 33, Rule 1 of the Civil Procedure Code. The Master, against whose order this application has been filed, held against the plaintiff holding that he had intentionally and fraudulently suppressed his interest in a house property at Madurai and that on account of such suppression the plaintiff is not entitled to sue in forma pauperis though he is not possessed of sufficient means to pay the court-fee. The suit is for declaration of the plaintiff's title to the suit property. The court-fee payable comes to about Rs. 40,000 (to be accurate Rs. 39,451-50 P.). The case of the plaintiff is that apart from his interest of 1/8th share in some lands, which share, according to him, is worth only about Rs. 2,000, he has no other property. The defendant alleged in his counter statement that the plaintiff had several properties. He also filed a supplemental counter affidavit stating that the plaintiff had certain shares in a building in Madurai and had deliberately and fraudulently suppressed it in his petit




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