MOHAMMAD ABDUL AZEEM Vs. SYED MIRAM

JUDGEMENT

(1.) The only question for consideration in this appeal is whether it is open to this Court to reopen the question whether an appeal should be admitted in forma pauperis when once leave was granted in that behalf.

(2.) The appellant filed an application for permission to file the appeal in forma pauperis and when the matter came before Vithal Rao Deshpande and Taki Bilgrami, JJ., of the erstwhile Hyderabad High Court, the learned Judges directed notice to be issued to the Government Pleader to enquire into whether the appellant was a pauper or not. On receipt of the report, it appears that the matter was heard and ultimately the learned Judges allowed the petition to file the appeal in forma pauperis and directed the office to take further action. Thereupon, the appeal was registered as a regular appeal and summons was served on the respondent on 30-3-1956. In response to the summons the respondent appeared and wanted to have the order granting leave to appeal in forma pauperis vacated.

(3.) This matter was posted before another Bench consisting of Srinivasachari and Taki Bilgrami, JJ., on 27-S-1956 and the learned Judges passed the following order :