CHANDRA KANTA DEVI Vs. MUKTESHWAR JHA ALIAS MUKTESHWAR THAKUR

JUDGEMENT

(1.) This application in revision is directed against an order passed by the Subordinate Judge, Madhubani refusing leave to sue in forma pauperis.

(2.) It appears that the petitioner filed an application under Order XXXIII, rule 1 of the Civil Procedure Code (hereinafter referred as "the Code") for permission to file a suit in forma pauperis, the suit being one for declaration of title and confirmation of possession and in the alternative for recovery of possession of the lands as per detail given in Schedule no. 1 to the plaint.

(3.) The case of the petitioner in the plaint briefly stated, is that her father left behind him properties of which she came in possession in the year 1974 after the death of her widow mother, who was in possession prior to her, her three brothers having been dead. The widow of one of her brothers was, however, allowed by her to be maintained and to manage the cultivation of lands and participate in the enjoyment of the usufruct along with the plaintiff-petitioner. The defendants appear to be purchasers from the said brother's wife by sale-deeds and deed of gift which are alleged by the plaintiff to bo fraudulent, collusive and inoperative. Since, however, there were interference by the defendants the present suit was filed.