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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, MUMMINENI SUDHEER KUMAR, JJ
Vadlamannati Jaya Poornachandra Rao – Appellant
Versus
Shanthi Kawarbai – Respondent
| Table of Content |
|---|
| 1. indigent plaintiff seek declaration of title. (Para 1 , 2) |
| 2. court treated application for limitation improperly. (Para 3 , 4 , 5) |
| 3. rejection of the plaint based on vexation needs scrutiny. (Para 6 , 7 , 8) |
| 4. court recognized the need for proper judicial review. (Para 9 , 10 , 11) |
| 5. final decision set aside to allow proceedings to continue. (Para 13 , 14 , 15) |
JUDGMENT
Dr.G.Jayachandran, J.
The suit filed for declaration of title and possession and other allied reliefs by the plaintiff has also sought leave of the Court to sue as an indigent person.
2. Since the property and most of the defendants are within the jurisdiction of the Original side of the Madras High Court, suit has been laid on the Original side of the Madras High Court along with leave to sue the defendants who are outside the territorial jurisdiction of this Court.
3. When the Master tested the application for filing the suit as indigent person, he rejected that application and also made a passing reference that the Suit itself is barred by limitation. We place on record that the observation regarding the jurisdiction and the power conferred to a Master cannot have any bearing on the judicial decisi
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