NARASINGA SHENOI Vs. MADHAVA PRABHU

JUDGEMENT

(1.) This is a petition to revise an order of the District Munsiff of Crangannore, passed under O.XXV, R.1, Code of Civil Procedure, calling upon the plaintiff to furnish security for costs of the defendants. Plaintiff has admittedly no property and he has also filed an insolvency petition. The defendant application under O. XXV R.1 C. P. C. to order the plaintiff to furnish security for costs was opposed by the plaintiff on the grounds that the mere fact of his poverty was not sufficient for calling upon him to furnish security for costs and that as the suit was filed by him on behalf of the Samajam and the Samajam was possessed of properties O. XXV R.1 could have no application to this case at all.

(2.) Or. XXV R.1, Code of Civil Procedure, reads as follows:-

(3.) It was contended on behalf of the revision petitioner that the real plaintiff in this case is the Samajam and not the person who has filed the plaint and the Samajam being possessed of properties there is no ground for calling upon the plaintiff to furnish security, and that even if it is considered that the real plaintiff is not the Samajam but the person who has filed the plaint his poverty is not a ground for calling upon him to furnish security as he has filed the suit merely to protect the interests of the Samajam.