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1958 Supreme(Mad) 38

GANAPATIA PILLAI
Chinnamani Nadar – Appellant
Versus
Devagirubai Rajan – Respondent


Advocates:
K. S. Sankara Ayyar, for Petitioners.
M. Natesan, for Respondents.

Judgment

The petitioners in this Civil Revision Petition seek to revise the order of the learned Subordinate Judge of Tuticorin granting leave to the respondents to sue in forma pauperis. The plaint in the case contains eight schedules of properties alleged to have been alienated by the father of the respondents. Schedule 1 consists of a house in Tuticorin town in which the family of the plaintiffs resides and which is admitted to be worth Rs. 25,000 though there is a mortgage on this property to an extent of Rs. 20,000. Schedule 1-A consists of a small ice factory and items in Schedules 2 to 8 are properties which have been alienated by the father of the plaintiffs. The main relief claimed in the suit is setting aside the alienations in so far as the plaintiff’s share is concerned. The plaintiffs claim to be Hindus. The learned Subordinate Judge quite properly omitted to take into account the items in Schedules 2 to 8 because they are in the possession of the alienees and they cannot be looked to, to find out the ability of the plaintiffs to pay the Court-fee due on the plaint. As regards item 1 the learned Subordinate Judge thought that the plaintiffs themselves were not in posses




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