Present: Wood Renton J. and Grenier J.

AIYAR v. TAMBYAH et al.

Appeal in forma pauperis-No security required-Civil Procedure Code, ss. 756 and 778.

A litigant who has been allowed by the Supreme Court to appeal in forma pauperis need not furnish security as a condition precedent to his appeal being forwarded.

THE facts are set out in the judgment.

Bawa (with him Rutnam), for plaintiff, appellant.-It would be practically denying a pauper the right of appeal if security was insisted upon. If an appellant could not pay for the stamps, a fortiori he could not give security.

Under the English law in such cases security is not required 4 Biggs v. Dagnall,3 Wille v. St. John.4

Balasingham, for the defendants, respondents.-The only concession to which the appellant is entitled is that he has the right, by virtue of the order made under section 778 of the Civil Procedure Code, to file his appeal without stamps. Section 778 expressly refers to stamps. It cannot be said that the Legislature did not

1 8 All. 377.                                                                 3 (1895) 1 Q. B. 208.

2 (1904) 1 K. B. 6.