Fernando V. Fernando Et Al.,

1938 Present: Poyser S. P. J. and Wijeyewardene J.
 
FERNANDO v. FERNANDO et al.

APPLICATION TO SUE IN Forma pauperis.
 
D. C. Negombo, 3.

Application to sue in forma pauperis-Certificate by Proctor-Discretion of Judge-Meaning of pauper-Civil Procedure Code ss. 441, 447.

A person seeking to sue for redemption of a mortgage in forma pauperis cannot claim to sue as a pauper so long as he could raise money on his equity of redemption.

It is within the discretion of the District Judge whether he should grant or refuse permission to sue in forma pauperis, even though a Proctor has certified that the applicant has a good cause of action.

APPEAL from an order of the District Judge of Negombo.

A. Sambandan (with him P. Navaratnarajah), for the petitioner.

Cur. adv. vult.

November 14, 1938. WIJEYEWARDENE J. -

This is an appeal from an order of the District Judge made under section 447 of the Civil Procedure Code refusing to allow the appellants to sue as paupers. It was contended in support of the appeal that the Judge had misdirected himself in going behind the certificate of the proctor who had certified that the appellants had

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