JUDGMENT :- This appeal has been filed against the order of the learned judge of the City Civil Court, Madras, dismissing the application filed by the appellants under O. 33, R. 1, Civil P. C. is permission to file the suit as paupers, the application was dismissed on the grounds that prima facie the appellants had the cause of action. Evidently the learned judge meant to reject the application under O. 33, R. 5 (d) which says that the Court shall reject an application for permission to sue as a pauper where the allegations do not show a cause of action. But the learned Judge overlooked us for this purpose what mattered were on the allegations in the application. Under the allegations themselves do not show a cause of action, the learned judge was no justified in dismissing the application. It is true that O. 33, Rr. 6 and 7 provided that, even where the Court itself does not reject the application under O. 33, Rr. 6 it can still reject the application on the grounds mentioned in O. 33, R.5, after enquiry in the presence of the respondents to the application.

But even after the enquiry the criteria to be satisfied is O. 33. R. 5 (d), and for that purpose it is only the allegations i

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