AIR 1942 MADRAS 16

Madras High Court

Hon'ble Judge(s): Gentle , J

(A) Civil P.C. (5 of 1908) , O.33 R.5— Application in High Court to sue in forma pauperis - Cause of action arising outside jurisdiction - Defendant not having address nor residing within jurisdiction - Leave to sue not obtained - Application must be dismissed. In the absence of leave to sue an application to the High Court to sue in forma pauperis must be rejected when the cause of action has arisen outside the jurisdiction of the High Court and the defendant neither has address nor resides within its jurisdiction.(Para 16g,h) (B) Tort - Slander - Damages are at large - Until whole evidence is examined damages cannot be said to exceed particular sum so as to entitle Court to refer plaintiff to Court of lower pecuniary jurisdiction. In a claim for damages for slander, the damages are at large and until there has been an examination of all the evidence, the amount of the damages cannot be ascertained nor can it be said that they cannot in any event exceed any particular sum. Consequently the Court cannot refer the plaintiff to a Court of lower pecuniary jurisdiction on the ground that the amount of damages claimed could not exceed a particular sum.(Para 16h) .....