PEDDADU RAMAMURTHI Vs. CHERUKUVADA VENKATASUBBA RAO

JUDGEMENT

(1.) This is an appeal under the Letters Patent Appeal against the judgment of Panchapagesa Sastri, J., dismissing an application under Order 44, Rule 1, Civil P. C., for permission to prefer an appeal 'in forma pauperis' against the judgment and decree of the Subordinate Judge of Narsapur in O. S. No. 9 of 1949. The learned Judge dismissed the application because he did not think that the judgment of the Court below was erroneous or unjust so as to justify the grant of leave to file an appeal 'in forma pauperis.'

(2.) The Letters Patent Appeal came on for admission during the vacation before Panchapakesa Aiyar, J., on 30th May 1950. The learned Judge apparently felt a doubt whether a single Judge sitting as one of the Vacation Judges had power to admit a Letters Patent Appeal against the judgment of another Judge. He therefore directed notice to the Government Pleader and to the respondents presumably on this preliminary point.

(3.) Rule 4 of the Appellate Side rules runs thus: