AI Structured Summary
Not yet generated for this judgment
Judgment
6 paragraphs · 118 words
Arnold White, C.J.—I am asked to revise an order of the District Judge dismissing an application for leave to sue in forma pauperis. The
argument has been that the Judge was bound to give leave if the allegations made by the Petitioners were such that, if true, they would show a
good cause of action. Such a construction of Section 407, Code of Civil Procedure, seems to me to be quite inconsistent with the express words
of Section 406, Code of Civil Procedure, and is unsupported by authority. The authorities are the other way-see Kamrakh Nath v. Sundar Nath
ILR All. 299 and Amirtham v. Alwar Manikkam ILR 27 Mad. 37.
2.
This petition is dismissed with costs.