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1956 Supreme(Mad) 390

BALAKRISHNA AYYAR
M. K. Ranganathan – Appellant
Versus
A. S. Jaffers – Respondent


Mohan Kumaramangalam and R. Venkataraman for Messrs. Row and Reddy, Advocates for the Plaintiffs.
O. T. G. Nambiar for S. Krishnaswamy Iyer, Advocate for the Defendant.

Order

Two former employees of the Madras Electric Tramways Ltd., in (liquidation, claiming to represent themselves and all the other former workmen of the company numbering some 1,611 persons, sought leave to file a suit in forma pauperis to obtain various reliefs against the receivers appointed by the trustees of the mortgagee-debenture holders of the company.

Now, it has been held in this Court that a representative suit cannot be filed in forma pauperis unless all the persons sought to be represented are without the means to pay the prescribed Court-fee. I take it that it must have been difficult to prove that every one of the 1,613 persons, for whose benefit the suit is sought to be filed, is so circumstanced. So the Secretary of the Madras Electric Tramways Workers’ Association appears to have invoked the assistance of the State Government and on 23rd March, 1956, the Government issued the following notification:

“In exercise of the powers conferred by section 73 of the Madras Court-fees and Suits Valuation Act, 1955 (Madras Act XIV of 1955), the Governor of Madras hereby remits all the fees chargeable under the said Act, on any plaint, application or other legal proceedings, on




















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