I am asked to revise an order of the District Judge dismissing an application for leave to sue in formâ pauperis. The argument has been that the Judge was bound to give leave if the allegations made by the petitioners were such that, if true they would show a good cause of action. Such a construction of section 407, Civil Procedure Code, seems to me to be quite inconsistent with the express words of section 406, Civil Procedure Code, and is unsupported by authority. The authorities are the other way—see Kamrakh Nath v. Sundar Nath(1) and Amirtkan v. Alwar Manikkam(2).
This petition is dismissed with costs.