https://www.taxtmi.com/caselaws?id=272720 At the stage of leave to sue in forma pauperis, the court must only determine whether the petition prima facie discloses a cause of action and cannot assess disputed title questions, the truth of the allegations, or possible defences; those matters belong to trial, so rejection on that basis was unsustainable. Order I Rule 10 can also be used to transpose a co-defendant as co-applicant in pauper proceedings where legally appropriate, because the application itself is the prescribed mode of instituting the suit without court-fee. The High Court's refusal on the ground that the original application was personal was therefore incorrect. en-us Fri, 19 Jan 1962 00:00:00 +0530 Tue, 15 May 2018 11:25:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=272720 At the stage of leave to sue in forma pauperis, the court must only determine whether the petition prima facie discloses a cause of action and cannot assess disputed title questions, the truth of the allegations, or possible defences; those matters belong to trial, so rejection on that basis was unsustainable. Order I Rule 10 can also be used to transpose a co-defendant as co-applicant in pauper proceedings where legally appropriate, because the application itself is the prescribed mode of instituting the suit without court-fee. The High Court's refusal on the ground that the original application was personal was therefore incorrect. Case-Laws Indian Laws Fri, 19 Jan 1962 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=272720