SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1949 Supreme(Mad) 159

MACK
Nalliboyina Ganga Bhavanamma – Appellant
Versus
Kethu Surayya – Respondent


Advocates:
K. Krishnamurthi for Petitioners.
K. Ramaseshan for Respondents.

Judgment

Petitioners are respondents 9, 13 and 15 to 19 in a petition filed by two brothers for permission to sue them in forma pauperis. They seek to revise an order passed by the District Munsif of Bezwada who allowed a review petition, I.A. No. 2522 of 1945, filed under Order 47, rule 1, Civil Procedure Code, which resulted in the pauper petition after having been rejected on 23rd June, 1945, and ultimately dismissed on 21st July, 1945, on their failing to pay the requisite Court fee, being registered as a suit on payment of the Court fee ultimately on 12th February, 1946.

It is regrettable that neither learned advocate was instructed about the nature of the suit and in consequence they have no notion whatsoever as regards the contemplated plaint, the alignment of parties or the cause of action. On referring to the original plaint, I find that the plaintiffs are two brothers who recently attained majority. The suit they contemplate is one to set aside a sale deed in favour of the 8th defendant of the year 1939 executed by their brothers who are the first and second defendants and the husband of the seventh defendant whose children were defendants 3 to 6. The eighth defendant subse





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top