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1961 Supreme(Mad) 82

VEERASWAMI
Arakchand Kankaria – Appellant
Versus
Amarchand Kankaria – Respondent


Advocates:
C. P. Rajagopala Ayyangar, for Petitioner.
V. Thyagarajan, M. A. Rajagopalan and M. Balachandrudu, for Respondents.

Judgment -

This Revision by the plaintiff is directed against the order of the Sixth Assistant Judge, City Civil Court, Madras, declining leave to sue in forma pauperis. The learned Judge found that prayers (d) and (e) in paragraph 15 of the proposed plaint were barred by limitation and considered that the proper order to be passed in the circumstances was to reject the original petition under Order 33, rule 5 of the Code of Civil Procedure, giving the petitioner an opportunity to file a fresh petition, if he thought it necessary, in respect of his claim for partition of the suit properties and a declaration that the mortgage in favour of the third respondent did not convey a valid power of sale. The suit which the petitioner sought to file in forma pauperis was for partition of the properties in B and C Schedules between the plaintiff and defendants 1 and 2, for a declaration that the third defendantthird respondent was not entitled to bring the mortgaged property to sale under section 69 of the Transfer of Property Act, for setting aside the mortgage deed, dated 14th August, 1950, in favour of the third defendant-third respondent as not binding on the plaintiff and his share of th




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