Coutts, J.:— This is an application in revision made in respect of an order of the Subordinate Judge of Monghyr rejecting an application by one Khelafat Hossain to sue as a pauper. It appears that the petitioner was declared an insolvent in the year 1911, but it has been found by the learned Subordinate Judge that in spite of the petitioner having been declared an insolvent and his estate being in the hands of a Receiver, he has sufficient funds to prosecute the suit and that he has no cause of action inasmuch as his property and assets are in the hands of a Receiver.
2. The first point urged before us is that the learned Subordinate Judge had no power to go behind the order, declaring the petitioner an insolvent. It is un-necessary to discuss this point for, even assuming it to be a valid contention, the petitioner would not be entitled to sue:
“All rights of action which relate directly to the bankrupt's property and can be turned into assets for the payment of debts pass to the trustee but where a cause of action arises from the bodily or mental suffering or personal inconvenience of the bankrupt, or from injury to his person or reputation, then the right of action remains with the bankrupt: Halsbury's Laws of England, Vol. 2, p. 137, para. 236.”
3. Now the suit which the petitioner desires to bring in this case is a suit for the deferred dower of his daughter. This is certainly not a suit of a nature which can be brought by the insolvent himself. It appears that the Receiver had been asked by the insolvent to bring the suit; and had declined.
4. This however will not assist the insolvent, and it may be that the Receiver had very good grounds for his refusal.
5. In these circumstances this application must be dismissed with costs. Hearing-fee two gold mohurs.
6. Adami, J.:— I agree.
V.S/R.K
7. Application dismissed.