LAWS(SC)-1997-9-90

KAMU ALIAS KAMALA AMMAL Vs. M MANIKANDAN

Decided On September 26, 1997
KAMU ALIAS KAMALA AMMAL Appellant
V/S
M.MANIKANDAN Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The only question is whether permission to sue as an indigent person can be granted without going into the question whether there is any cause of action shown in the plaint. In the impugned order, the High court has said as under:

(3.) A bare perusal of Order 33 Rule 5 Civil Procedure Code would indicate that the settled law on the point is the opposite of what has been treated as the settled law on the point in the impugned order of the High court. Order 33 Rule 5 CPC insofar as it is material, is as under: