Ahmad, J.

1. This application in revision is by defendant 1 against an order dated 2-5-1951, passed in Title Suit No. 58 of 1948 which is still pending for disposal in the second Court of the Subordinate Judge at Monghyr.

2. The suit is for declaration of title and recovery of possession in respect of land given in the Schedules attached to the plaint.

3. The suit was originally filed in forma pauperis and it was numbered as Miscellaneous Case No. 14 of 1948. This application for permission to sue in forma pauperis was, on hearing, rejected on 16-12-1948, and the Court passed the following order:

"From all these it can be safely inferred that the applicant has got sufficient means to pay the court-fee in the suit which is valued at Rs. 11000.00 only. In this view of my finding the Misc. case is rejected on contest with costs. Pleaders fee at Rs. 167- only."

It is evident from this order that the Court did nob give any time to the applicant for depositing the court-fee necessary in order that the application on its payment could have been converted into a plaint of a regularly constituted suit. Tha order sheet of the case shows that on 16-12-1948 three orders bearing Nos. 20