MAHADEO PRASAD SINGH Vs. THE PROVINCE OF ASSAM

JUDGEMENT

(1.) THIS is a revision application under the provisions of Section 115, Civil P.C seeking to revise an order passed by Sree K.C. Barua, Sub Judge, in Misc. case No. 4 of 1949, in which the plaintiff had prayed for permission to sue in forma pauperis. The learned Sub Judge, after reciting the facts of the case, rejected the plaint, presumably under the provisions of Rule 5 of Order 33. The learned Judge stated:

(2.) CLAUSE (d) of Rule 5, Order 33, Civil P.C., empowers the Court to reject an application made under Order 33, where the allegations do not show I cause of action. It is conceivable that in a given case, upon the face of the plaint, the claim may appear to be time barred and the Court night reject the application As to this, we express no opinion. In the present case, that is tot the position. Even if the work was competed in 1944, it does not follow that the plaintiff's suit was time -barred in 1919. In Para 20 of the plaint the plaintiff stated:

(3.) I agree with my Lord the Chief Justice in the conclusion he has reached in this case. I wish to add a few words.