CENKARA MUNNA DOASS Vs. NARRA OTHANDARAMMA SESHANNA CHETTI

JUDGEMENT

(1.) This appeal is against the order of the Subordinate Judge of Chittoor dismissing the appellants' petition, O.P. No. 23 of 1953, seeking to file a suit in forma pauperis under Older XXXIII Rule 1 of the Civil Procedure Code on the ground that he had not means to pay the court-fee.

(2.) The petitioner sought to raise the suit to set aside a sale held in execution of a mortgage decree mainly on the ground that the properties sold were trust properties and as such could not be sold in execution of a decree obtained against the mortgagor in his personal capacity.

(3.) The petition was opposed by the respondents on two pleas, viz., that the petitioner was not a pauper in that he had the financial stamina to pay the court-fee and secondly, it was liable to be dismissed under order XXXIII Rule 5(d)(1) of the Civil Procedure Code. The objections were acceptable to the trial Court and consequently the petition was dismissed. Aggrieved by this order, the petitioner in the lower court has brought this appeal.