ABDUL RAHMAN SYED LAL Vs. AMINABI SYED LAL

JUDGEMENT

(1.) IN this appeal from a decision of the First Class Subordinate Judge of Ahmednagar a preliminary point is taken by Mr. Shah for the appellants that, having regard to the terms of Order XXXIII, Rule 15, the suit does not lie.

(2.) RULE 15 deals with the position arising when an application to sue as a pauper has been refused and subsequently a suit is filed on payment of court-fees. The rule is in these terms: An order refusing to allow the applicant to sue as a pauper shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right, provided that he first pays the costs (if any) incurred by the Government and by the opposite party in opposing his application for leave to sue as a pauper.

(3.) THE suggestion is that we must construe that provision as imposing an implied prohibition against instituting a suit unless, the costs incurred by the Government and by the opposite party are paid before the institution of the suit, and that the payment of the costs is a condition precedent to the institution of the suit.