P.P. LAKSHMINARAYANA UPADHYAYA Vs. THE PREMIER BANK OF INDIA LTD., (IN VOLUNTARY LIQUIDATION) BY ITS VOLUNTARY LIQUIDATOR AND ANR.

JUDGEMENT

(1.) THIS application by way of appeal is against the order of the learned Master dismissing the appellant's Application No. 82 of 1965 for leave to institute the suit in forma pauperis.

(2.) THE learned Master has found in his order that the applicant has no cause of action for instituting the suit and that the reason given by the applicant that he had not seen the promissory note filed with the plaint is not acceptable. The applicant had been cross -examined before the learned Master at great length. His evidence and the arguments urged by him were considered by the Master and the conclusions come to by the learned Master are thus set cut by him:

(3.) ORDER 33, Rule 1, Civil Procedure Code, defines a pauper as a person not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in a suit or where no fee is prescribed when he is not entitled to property worth one hundred rupees other than his wearing apparel; and many part of the subject -matter of the suit which the opposite party relinquishes and places at the immediate disposal of the plaintiff shall be taken into account in considering the question of the possession of sufficient means by the plaintiff.