VASUDEVAMURTHY, J.

( 1 ) THIS revision petition has been referred to a Bench, it involves a question of law of some importance on which there has been no decided case of this Court so far.

( 2 ) ONE Gurtiswami Naidu, father of the petitioner who claims to be his only son and legal representative, filed an application under Order 33, Rule 1, Civil P. C. , seeking permission to sue in forma pauperis, for partition and possession of a half share in some tmmoveable properties. The application was accompanied by an unstamped plaint purporting to be under Order 7 Rule 1, Civil P. C. Notices were ordered on his application but before his pauperism was enquired into, and his application registered as a suit Guruswami Naidu died. The petitioner filed two applications LA. No. 1 under Order 22, B. 4, Civil P. C. , to be brought on record as the legal representative of the deceased plaintiff and allowed to continue the proceedings initiated by his father; and. A. No. 2 under O. 33, rule 1, Civil P. C. praying for permission to sue md continue his father's suit in forma pauperis is he himself was unable to pay the necessary court-fee on the plaint.

( 3 ) THE District Judge of Shimoga dismiss

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