1923 Supreme(Mad) 84

IN THE HIGH COURT OF MARAS
Krishnan
Bolimati Murigadu And Ors.
Versus
Nalla Bapadu And Ors.
Decided On : 28 February, 1923

The court emphasized that the lower court's finding on the cause of action was beyond the scope of the plaint and that it was not within the court's purview to make a finding on the likelihood of success of the cause of action alleged.

Headnote:

Cause of Action - Pauperism - Court's finding on cause of action beyond the scope of plaint

Fact of the Case:

The District Munsif found the petitioners to be paupers but went beyond the plaint to hold that they had no cause of action.

Finding of the Court:

The court found that the lower court's decision was opposed to established rulings and that it was not open for the court to go beyond the plaint to make a finding on the likelihood of success of the cause of action alleged.

Issues: The issue was whether the lower court's decision to go beyond the scope of the plaint and make a finding on the likelihood of success of the cause of action alleged was valid.

Ratio Decidendi: The court held that the lower court's decision was clearly opposed to established rulings and that it was not within the court's scope to go beyond the plaint to make a finding on the likelihood of success of the cause of action alleged.

Final Decision: The civil revision petition was allowed, the lower court's order was set aside, and the petitioners were given leave to sue in forma pauperis. Costs would abide and follow the result of the suit.