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TMI Blog1950 (3) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... in forma pauperis, and the properties were valued at nearly ₹ 3 lakhs. Karuppan Chettiar died before the suit, and sometime before his death the petitioners' mother obtained an order from a Magistrate for maintenance on the footing that the petitioners were the children and that she, their mother, was the lawful wife of Karuppan Chettiar. Thereupon Karuppan Chettiar filed a suit for a declaration that the petitioners' mother was not his legally wedded wife; and that suit was decided in favour of Karuppan Chettiar in about August 1943. In the present suit, O. S. No. 147 of 1948, on the file of the Sub-Court, Devakottai the respondents relied upon a registered partition deed dated 4th February 1943 and alleged that Karuppan Chet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercise the inherent powers vested in the Court and directed security to be furnished relying upon a decision in Chanrai Valiram v. Sunday Times Ltd., A.I.R. (19) 1932 Sind 33 : (26 S. L. R. 21). 4. It is contended on behalf of the petitioners that security for costs can only be awarded for the reasons and circumstances mentioned in Order 25, Rule 1, and not on other grounds, and that in any event Section 151 cannot be invoked in an application of this nature. Learned counsel cited Bhairabendra Narain Deb v. Udai Narain Deb, 50 Cal. 853 at p. 865 : A.I.R. (11) 1924 Cal. 251) in support of his contention Cuming J. with reference to the facts of that case which do not strictly come within the purview of Order 25, Rule 1 observes as follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in holding that the suit is not a bona fide one, Even assuming that the suit is not bona fide suit is it open at this stage when parties have not gone to trial to consider whether the suit is bona fide or not? In my opinion, it was too early, for the lower Court to consider the bona fides of the suit before hearing the plaintiffs and the evidence which they would place before the Court to substantiate their claims. Obviously this is not a case coming under Order 25, Rule l, and it is not a case where such exceptional circumstances have been alleged or proved in order to invoke the inherent power of the Court provided for under Section 151, though, as I have already observed, Section 151 should not ordinarily be invoked, when a specific pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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