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1936 Supreme(Mad) 209

HORWILL
Mutturi Suryanarayanamurty – Appellant
Versus
Karumuri Nagachandramowli – Respondent


JUDGMENT

Horwill, J.

1. The District Judge of Kistna received an application from the petitioner to appeal in forma pauperis. Without considering whether or not there was any substance in the appeal he issued notice to the respondent to show cause why the petitioner should not be permitted to appeal in forma pauperis. The respondent appeared through a pleader and contended that there was no substance in the appeal and that it should, therefore, be dismissed, whether in fact the petitioner was a pauper or not. Apparently the question was then raised whether a that stage the Judge could hear the respondents pleader on this point. The District Judge held that his previous Order issuing notice to the respondent to show cause why the appeal should not be admitted in forma pauperis before he had considered the question as to whether there was any substance in the appeal was a wrong one. He therefore rescinded it and heard the pleaders on the question as to whether there was substance in the appeal. Having found that there was not he rejected the application. Hence this Revision Petition.

2. The question is whether this procedure of the District Judge was justifiable and legal. My attention


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