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1951 Supreme(All) 29

GHULAM HASAN, MOOTHAM
MAHARAJ BALI – Appellant
Versus
TIRATH DEI – Respondent


Advocates Appeared:
K.N.Tandon, N.Banerjee, S.C.Das, S.P.AVASTHI

( 1 ) THIS revision application under Section 115, Civil P. C. is directed against an order of the civil Judge of Gonda dated 6-12-1914, rejecting the application of the applicants for leave to sue in forma pauperis.


( 2 ) IT appears that the applicants claimed title to succeed as reversioners to the property of one sheo Dayal upon the death of his daughter Ganesha in 1932. The case put forward in the plaint was that Sheo Dayal died in 1865 leaving two widows Maharani and Rani. The former died in 1888 and the latter in 1908. Upon the death of Rani, Ganesha succeeded to the property which she held till her death in 1932. The defts. to the suit were some of the descendants of Ganesha and some transferees from her. The suit was brought in 1944. An application under Order XXXIII, rule 1, Civil P. C. was made on the ground that the applicants were paupers and were unable to pay the court-fee which, according to the valuation fixed in the plaint, came to a sum of Rs. 2, 143/12. The value of the property set out in the schedule attached to the application was a sum of rs. 250 in addition to some tenancy holdings. One of the applicants Maharaj Bali was examined in support of the applicatio













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