Ramaswami, J.

1. This sale is directed against an order of the learned Subordinate Judge of Monghyr rejecting a plaint for nonpayment of deficit court-fee.

2. The applicant brought the suit for recovery of possession of three ghatwali estates constating the chakai ghatwali against the opposite party. The plaint was filed on 28th January 1946 with a court fee of Rs. 1509-6-0 upon a valuation of two lacs. The Stamp Reporter objected that the court-fee should be assessed under Section 7 (iv) (c) on the market value of the properties. On 22nd March 1947, the learned Subordinate Judge investigated into the matter and found that the property should be valued at 5 lacs and that the plaintiff should pay the deficit court-fee, on or before 7th May 1947. Subsequently the applicant filed a petition for suing in forma pauperis. After several adjournments the petition was rejected on 5th June 1948. On 18th June 1948, the learned Subordinate Judge called upon the plaintiff to pay deficit court-fee of Rs. 6614-14-0. On 21st July 1948, the plaint was rejected as the petitioner failed to pay the deficit court-fee in spite of several adjournments having been granted.

3. In support of this ru