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1934 Supreme(Lah) 398

HILTON
Muhammad Abdullah – Appellant
Versus
Secretary of State – Respondent


JUDGMENT

Hilton, J. - I think that the judgment of the Court below is correct in so far as it; has been held that the petitioner had within two months before the presentation of his application, disposed of his property in order to be able to apply for permission to sue as a pauper. He sold his house for Rs. 10,000 on 6th July 1931 and with this sum he paid Rs. 153 to Balak Ram on 7th July 1931, Rs. 324-8-0 to Kidar Nath on 11th July 1931, Rs. 216 to Ganga Ram on 14th July 1931 and Rs. 535 to Ahmad on 22nd August 1931. He also paid a sum of Rs. 8,350 to Mt. Bibi Budhan on 6th July 1931 the house having been mortgaged for that sum. These creditors had not been pressing him for payment. His application for permission to sue as a pauper was presented on 23rd August 1931, which was the last day of limitation and only one day after he had had in his pocket the sum of Rs. 535 that he paid to Ahmad. He had sent a notice to the Secretary of State Under Section 80, Civil P.C., and he, therefore knew of the litigation on which he was about to embark at the time when the sum of Rs. 10,000 passed through his hands. The requirements for court-fees amount to less than Rs. 800 and he could have sa

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