( 1 ) RAJAGOPALA Iyengal, J. of the Madras High Court placed the papers in the above matter before the Chief Justice of that Court for constituting a Full Bench as the learner Judge felt that there was a conflict between the two Full Bench decisions in -- Kayambu Pillai, In re, AIR 1941 Mad 836 (FB) (A) and -- Satyanarayanacharyulu v. Ramalingam, AIr 1952 Mad 86 (FB) (B ). After the constitution of the Andhra High Court, the case was transferred to this Court and the Full Bench was accordingly constituted.

( 2 ) THE petitioner filed a suit in the Court of the Subordinate Judges, Tenali, in forma pauperis for recovery of possession of the plaint schedule properties and for mesne profits. The suit was valued at Rs. 9443-12-0 for purposes of court-fee and jurisdiction, and a court-fee of Rs. 632-7-0 was payable thereon. At first, an application for leave to sue in forma pauperis was granted and the suit was numbered as O. S. No. 40 of 1951. Subsequently, he was dispaupered, as it was discovered that he had sufficient means to pay court-fee. On 7-12-1952, the Subordinate Judge directed him to pay the court-fee payable on the plaint. As the petitioner did not pay the court-fe