(1962) 1 MLJ 35 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Mr. Justice Veeraswami
Case Number(s) : C.R.P. No. 594 of 1960. (and Chaitra, 1883, Saka)
Judgement Date :
Thursday 23rd of March 1961
| Arakchand Kankaria | .....Appellant(s) | | Versus |  | | Amarchand Kankaria and others | .....Respondent(s) |
Civil Procedure Code (V of 1908), O. 33, rule 5 (d-1) (as amended in Madras) — Applicability — Some of the prayers in suit barred by limitation — Power of Court to refuse leave.
Ratio(s) Decidendi
Order 33, rule 5 (d-1) (as amended in Madras) directs that the Court shall reject the application for permission to sue as a pauper where the suit appears to be barred by any law. A suit comprises all the prayers and not merely one or more of them. Where the Court finds that one or more of the prayers — which by themselves cannot constitute the suit — are barred by limitation, it has no jurisdiction to withhold leave — provided of course the applicant is a pauper — or to limit the leave to the prayers which are not found barred or even to direct the applicant to file a fresh petition for leave confining the plaint (petition) to such prayers as are not found barred.
Petition under section 115 of Act V of 1908 praying the High Court to revise the Decree of the City Civil Court, Madras, dated 24th September, 1959 and made in O.P. No. 152 of 1959.
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