Mumbai Court February 1933 Judgments
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Secretary of State for India Vs. Bai Somi
Court: Mumbai
Decided on: Feb-01-1933
Reported in: (1933)35BOMLR615
John Beaumont, C.J.1. This is an appeal by the Secretary of State for India in Council against an order of the First Class Subordinate Judge at Ahmedabad dismissing the appellant's darkhast proceedings. It appears that the plaintiff in the suit obtained leave to sue as a pauper. In the suit she was claiming possession of a certain house. The suit was compromised on the terms that the plaintiff should receive a sum of Rs. 96 a year for maintenance, such maintenance to be recoverable out of the house in suit.2. The present appellant has now applied in darkhast proceedings to attach the house out of which the maintenance is recoverable, and he seeks to do so under Order XXXIII, Rule 10. That rule provides:-Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper ; such amount shall be recoverable by the Government from any party ordered by the decree to pay the s...
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