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1955 Supreme(All) 46

RAGHUBAR DAYAL, SAHAI
B. Lachhmi Das – Appellant
Versus
Panchmurti Shivalinga – Respondent


Advocates:
S.N. Kacker, for Applicants; Ambika Prasad, for Opposite Party.

Judgement

RAGHUBAR DAYAL, J.:- Panchmurti Shivaling alias Pancho Pandwa filed a petition to institute a suit in forma pauperis against a number of opposite parties. The application to sue as a pauper was rejected on 25-8-1945, it being held, after notice had been issued to the Collector and the opposite parties, that it had not been made out that the plaintiff deity was a pauper. The plaintiff-applicant then filed another application for the review of this order. This application was allowed on 17-11-1945.

By this order, the previous order of 25-8-1945 was cancelled and the Collector was required to report about the financial position of the plaintiff deity. The opposite parties were allowed an opportunity to oppose the application. Finally on 16-3-1946 the Court ordered:

"I accept the Collectors report that the plaintiff is not a pauper. The application is, therefore, rejected with costs to the opposite parties concerned.

The plaintiff will pay court-fee necessary for the suit within 30 days from the date of this order.

The plaintiff then paid the requisite court-fee and the suit proceeded.

2. The defendants questioned the correctness of the valuation of the suit and the Court decided t





























































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