High CourtsDivision Bench(1918) 07 MAD CK 0017

Amba alias Padmavati vs Srinivasa Kamathi

Madras High Court · Decided on 26 July 1918 · Citation: 47 Ind. Cas. 646 : (1918) 8 LW 460

HON’BLE JUDGES
Phillips, J · Oldfield, J

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Judgment

7 paragraphs · 166 words
1.

The petition, in so far as it is for a certificate that the ease is a fit one for appeal to his Majesty in Council, is not opposed. We certify

accordingly u/s 110 of the Code of Civil Procedure.

2.

The petition is further for leave to appeal in forma pauperis. In Munni Ram Awasty v. Sheo Churn Awasty 4 M.I.A. 114 : 1 Sar. P.C.J. 323,

Counsel (Mr. Moore) referred generally to a practice of the Courts in India granting such leave mentioning Bengal Regulation XXVIII of 1814.

But no precedent for its grant has been proved in this Court and the authority of decisions in other High Courts is against it. Jagadananda Asram v.

Rajendra Roy 18 Ind. Cas. 129 and Ramkishen Lal v. Manna Kumri 44 Ind. Cas. 731. We respectfully adopt the grounds of the latter decision

and dismiss the petition as far as it relates to leave to appeal in forma pauperis. There will be no order as to costs.