T KUPPUSWAMY Vs. MEER HUSAFAR HUSSAIN

JUDGEMENT

(1.) This civil miscellaneous appeal is directed against the order of the Principal Subordinate Judge, Kurnool, in O. P. No. 63 of 1971 refusing to grant leave to the appellant to file a suit against the respondents in forma pauperis. The ground on which the application was dismissed is that an un-discharged insolvent has no locus standi to file a suit and that the official Receiver alone is the competent person to sue in view of Sections 28 and 59 of the Provincial Insolvency Act.

(2.) The case of the appellant is that he moved the Official Receiver (2nd respondent) to file a suit on his behalf against the Ist respondent; but the Official Receiver had refused to move in the matter. He was, therefore, left with no other alternative but-to file the application for permission to sue the Ist respondent in forma pauperis.

(3.) The defence of the Ist respondent is that the proposed action is barred under Order 33, Rule 5 (d-1).