MAHADEO SAHAI Vs. SECYOF STATE

JUDGEMENT

(1.) This is an application, for leave to appeal to His Majesty in Council from an order of this Court, dated 17 June 1931. The applicant prayed for a certificate under Section 109, Civil P.C. An ancillary prayer is contained in para. 17 of his petition which, is somewhat curious: That the applicant solicits the favour of appointing a receiver and the printing and legal charges of both the parties be realized from the estate and justice be done to the case.

(2.) The subject-matter of this suit consisted principally of a property in Taluqa. Imampur, Pergana Ungli, in the District, of Jaunpur.

(3.) After various defeats in the Revenue Court going back nearly 15 years the applicant had instituted a suit in the Court of the Additional Subordinate Judge of Jaunpur for declaration of title to the aforesaid properties. The suit was directed against the Secretary of State for India and against Mt. Tula and Mt.. Sumitra. The plaintiff-applicant had asked for leave to sue in forma pauperis. Upon a contest raisad in the case, the Court held that he was not a pauper. The result was that his application to sue as pauper was dismissed with costs in favour of the Secretary of State and. the other two defendants.