Back
IN THE HIGH COURT OF MADRAS
Sonnammal
Versus
Coimbatore Maha Jana Bank, Ltd. and Anr.
Decided On : 27.07.1934
Vakalat - Order 33, Civil P.C. - The court held that the vakalat given in connection with the petition to sue as a pauper must be considered to have become vakalat given for the purpose of the suit when the petition becomes converted into a suit, unless distinctly confined to the pauper petition alone.
Fact of the Case:
The petitioner filed a petition for permission to sue as a pauper, engaged a pleader, and gave him a vakalat in the usual form. The petition was allowed by the Court and registered as a suit. The question was whether the pleader should be given a fresh vakalat to conduct the suit.
Finding of the Court:
The court found that the vakalat given in connection with the petition to sue as a pauper should be considered as vakalat for the purpose of the suit when the petition becomes converted into a suit, unless distinctly confined to the pauper petition alone.
Issues: Interpretation of the vakalat given in connection with the petition to sue as a pauper and its applicability to the suit after the petition is allowed by the Court.
Ratio Decidendi: The purpose for which the vakalat was given in the first instance becomes changed when the nature of the petition gets changed by operation of law.
Final Decision: The court answered the question by stating that the vakalat given in connection with the petition to sue as a pauper must be considered to have become vakalat given for the purpose of the suit when the petition becomes converted into a suit, unless distinctly confined to the pauper petition alone.
1. In this case a petitioner who filed a petition for permission to sue as a pauper under Order 33, Civil P.C., engaged a pleader and gave him a vakalat in the usual form. The petition was allowed by the Court and was registered as a suit. The question arises whether the pleader should be given a fresh vakalat to conduct the suit or in. other words whether the vakalat already given in connexion with the pauper petition would not be sufficient for-the purposes of the suit also. The vakalat already given to the pleader though it mentions "original petition," the printed word "suit" above the words having been scored out does not specifically limit the appearance to the petition for permission to sue as a pauper only. By operation of law the petition to sue as a pauper becomes converted into a suit when it is allowed by the Court. In our opinion the vakalat given in connection with the petition must when the petition becomes converted into a suit be considered to have become vakalat given for the purpose of the suit unless the vakalat is distinctly confined to the pauper petition alone. The "purpose" for which the vakalat was given in the first instance becomes changed when the nature of the petition gets changed by operation of law. We would answer the question referred to us accordingly.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
