Govinda Menon, J.-O.P. No. 302 of 1951 on the file of the Court of the Subordinate Judge, Coimbatore. was an application for leave to sue in forma pauperis to recover eleven items of properties filed by the petitioner herein on the ground that a certain decree and proceedings thereunder were void and not binding on him. The learned Subordinate Judge issued notice to the opposite party and the Government Pleader and directed that such evidence as the applicant may adduce to prove that the applicant is not subject to any of the prohibitions contained in rule 5 of Order 33, Civil Procedure Code, would be received as also the evidence which may be adduced by the opposite parties to the contrary. The contention raised on behalf of the respondents was that the whole claim of the applicant has become barred by limitation. Against this contention the petitioner herein urged that that question cannot be gone into at this stage as the only question before the Court at the stage before the application for leave to sue as a pauper is registered and numbered as a regular suit was whether the petitioner was a pauper and whether on the averments in the plaint the petitioner had a valid cause of a

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