KUMAR KANT NARAIN SINGH Vs. CHANDRABHAL SINGH

JUDGEMENT

(1.) This is a revision from an order passed by the learned Civil Judge of Banaras refusing permission to the appct. to sue in forma pauperis.

(2.) The dispute relates to the Banaras State. His Highness Captain Maharaja Sir Aditya Narain Singh was the last ruler of that State. The present ruler of the State is Maharaja Vibhuti Narain Singh. According to the opposite party, Maharaja Sir Aditya Narain Singh adopted him sometime in 1934. On 14-12-1934, this adoption was recognised & confirmed by the Govt. of India. Prior to his adoption, Maharaja Vibhuti Narain Singh's name was Babu Chandrabhal Singh & it is by that name that the appct. has arrayed him as a party in the pauper proceedings as well as in the suit. He assails the adoption & contends that he is the true heir to the Banaras State & as such entitled to all the properties which at present vest in the opposite party as the alleged ruler of that State. He proposes to sue the opposite party for the possession of those properties & for rupees thirty lacs as mesne profits He alleges that he is not possessed of sufficient means to enable him to pay the requisite court-fees for the plaint & so he applied for permission to sue in forma pauperis

(3.) The opposite party contested this appln., inter alia, on the ground that without the permission of the President, as contemplated by Section 86, C. P. C., neither the appln. for permission to sue as a pauper nor the suit was maintainable against him. Clause (d) of Rule 5 of Order 33, C. P. C., provides that the Ct. shall reject an appln. for permission to sue as a pauper where the allegations do not show a cause of action. This provision is relied upon by the opposite party & he contends that the appln. should be rejected on this ground.