( 1 ) THIS appeal involves the determination of the scope and interpretation of O. 33, R 5 (d-1) and R. 6 Civil P. C. as amended in Madras and adopted in Andhra Pradesh. Though the question raised was directly decided by a Division Bench of the Andhra High Court in Venkatasubbaiah v. Thirapathaiah, 1955 Andh WR 261 == (AIR 1955 Andhra 155) and followed in a subsequent Division Bench decision of the Andhra Pradesh High Court, Sri Mnaohar, learned counsel appearing for one of the respondents in this appeal, challenged the correctness of the view taken by this Court and contended that the view taken by this Court requires reconsideration by a Full Bench in view of the decision of the Madras High Court dissenting from the view taken by the Andhra High Court. It has therefore, become necessary to consider whether the view of this Court requires reconsideration.

( 2 ) THE facts out of which the above Civil Miscellaneous Appeal arises are as follows: The appellant filed a suit O. P. No. 76 of 1960 in the Court of the Subordinate Judge, Chittoor for partition of the suit properties and for recovery of a share therein, with a prayer to permit him to sue as a pauper under O. 3