AIR 1939 RANGOON 351

Rangoon High Court

Hon'ble Judge(s): Mya Bu, Mackney , JJ

Civil P.C. (5 of 1908) , O.33 R.2, O.33 R.3, O.33 R.4— Application not rejected under R. 3 but evidence recorded under R. 4-Court has jurisdiction to consider subsequently whether application can be rejected under R. 3 (b) or (c)-Order upon such questions if however based on material not appearing in plaint, is vitiated for material irregularity. Where the Court does not reject under R. 3, an application filed under R. 2 but issues notices and hears evidence with reference to the question of pauperism under R. 4, it does not act without jurisdiction in subsequently considering whether the plaint discloses a cause of action or whether it is barred by limitation. If however the conclusion arrived at by the Court on these questions is based on evidence recorded in the inquiry under R. 4 or anything brought to its notice by the opposite side and not upon the materials within the four corners of the plaint, the order would be vitiated for material irregularity.(Para 351C2 352C1)