POLIMATI MUNGADU Vs. NALLA BAPADU

JUDGEMENT

(1.) THE order of the District Munsif is clearly opposed to the ruling in Govindasamy Pillai v. Municipal Council, Kumbakonam [1918] 41 Mad. 620. THE learned Munsif has found that the petitioners are paupers, but has travelled beyond the four corners of the plaint and relied on evidence to hold that the petitioners have "no cause of action". THE plaint certainly discloses a cause of action; and it was not open to the Court to go beyond it and come to a finding which, in reality, is a finding that the petitioners are not likely to succeed on the cause of action alleged. THE Civil Revision Petition is allowed and the order of the Lower Court is set aside; and the petitioners are given leave to sue in forma pauperis. Costs will abide and follow the result of the suit.