K. MADHAVA REDDY, J.

( 1 ) THIS appeal is directed against the rejection of a petition for leave to file a suit for partition and separate possession of a half share in the plaint schedule properties in forms pauperis.

( 2 ) THE learned Subordinate Judge, who enquired the in to the Original Petition, came to the conclusion that the appellant was not possessed of sufficient means but all the same rejected the petition on the ground that " the petitioner on his own allegations does not have a cause of action and her present suit is barred by the previous decision in O. S. No. 203 of 1963, District Munsifs Court, Guntur, as confirmed in appeal. "

( 3 ) THE suit is by the widow of a predeceased son of the Ist respondent herein for partition and separate possession of a half share in the plaint schedule properties. In the plaint it is alleged that the plaint schedule properties, were joint or joint family properties of her husband and the Ist respondent, and that they both constituted a Hindu undivided family and consequent on the death of her husband, she is entitled to a half share therein. She pleaded that she was not possessed of sufficient means to pay the court-fee. The defendant (

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