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1926 Supreme(Mad) 507

S.CHETTY
Kathari Ramachandra Raju Died – Appellant
Versus
Dandu Venkiah – Respondent


JUDGMENT

Sundaram Chetty, J.

1. This is a civil revision petition filed by the petitioners whose application for leave to sue in forma pauperis has been rejected by the District Munsif under Order 33, Rule 5(d) of the C.C.P.

2.A preliminary objection has been taken on behalf of the respondents that no revision petition lies under Section 115 of the C.P.C. against such an order. The wording of Section 115 of the C.P.C. is in my opinion comprehensive enough to cover a case of this kind, and if authority is needed, it is clear that there have been a number of cases decided by this Court in revision which show that such petitions have been entertained as sustainable under Section 115 without any demur. The Full Bench decision of this Court in Rathnam Pillai v. Pappa Pillai (1902) 13 MLJ 292 (FB). is a clear authority showing that the High Court interfered with a similar order passed by the Lower Court in revision, when it found that the order showed an illegal exercise of jurisdiction by the Lower Court. To the same effect are the decisions reported in Govindasami Pillai v. Municipal Council, Kumbakonam (1917) ILR 41 M 620: 34 MLJ 399. and Polimati Mungadu v. Nalla Bapadu (1923) 18 LW 53.


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