JUDGMENT - J. R. MUDHOLKAR J. :

This is an application for revision under S. 115 of the Civil Procedure Code of an order of the Second Additional District Judge, Amraoti, dismissing the applicants application for leave to appeal as pauper.

(2) The applicant preferred an application before the District Court Amraoti on 14-3-1955. The application went up before Mr. R. N. Bongirwar, who was the then Second Additional District Judge, Amraoti. On 16-4-1955 the learned Judge made the following order:

"There is reason to believe that the trial Courts decree is erroneous. Notice of the pauper application be given to the non-applicants and Collector as similar to O. 33 R. 6 (sic)."

When the matter came up again before the Second Additional District Judge Mr. Bongirwar was no longer there and his place was taken by Mr. V. W. Samudra. Before Mr. Samudra a contention was raised on behalf of the non-applicant that the decree appealed from was not contrary to law or usage having the force of law or was not otherwise erroneous) or unjust. This contention was entertained considered by Mr. Samudra who ultimately accepted it. In the revision application before this Court against the order of Mr. Samud

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