AMILINENI RADHAKRISHNA Vs. AMILINENI KONDAPPA
HIGH COURT OF ANDHRA PRADESH
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(1.) This is a petition seeking to revise an Order of the District Judge,
Anantapur, rejecting an application by the petitioners for permission to file a suit
for partition as paupers.
(2.) The Petitioners, five in number, are the sons of one Amilineni Venkataswamy.
The said Venkataswamy is the son of one Amilineni Kondappa by his first wife.
Kondappa had three sons by his second wife : Venkata Narayana, Venkata Ramana
and Venugopal. The petitioners are suing for their share of the family properties.
Their grandfather, father and paternal uncles and the alienees of certain items of
properties are respondents to the said application. They alleged that their grandfather
had excluded them and their father from the possession and enjoyment of
the family properties from 1950 or thereabouts and that they were refused their
legitimate share. They are therefore suing for partition and separate possession
of their shares.
(3.) The learned District Judge found that the petitioners were paupers, but rejected
their application on the ground that they filed the application at the instance of
their father, that their father is in a position to pay the court-fee and that the application is not bona fide.
It is urged in revision that that is not one of the grounds on which the petitioner's application could be
rejected under Order 33, rule 7, Civil Procedure Code.
Order 33, rule 5, Civil Procedure Code, sets out the grounds for rejection of an
application for permission to sue as a pauper. The said rule provides thus :
Order 33, rule 5.-" The Court shall reject an application for permission to sue as a pauper-
(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or
(4) where the applicant is not a pauper, or
(c) where he has, within two months next before the presentation of the application, disposed
of any property fraudulently or in order to be able to apply for permission to sue as a pauper, or
(d) where the allegations do not show a cause of action, or
(d-1) where the suit appears to be barred by any law, or
(e) where he has entered into any agreement with reference to
the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter.";
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