Narayan, J.

1. This application is directed against an order of the District Judge of Shahabad admitting an appeal against a decree passed in a Title Suit. The suit had been instituted by one Bhukhan Pandey, and it was disposed of by the 3rd Additional Subordidate Judge of Arrah on 15-12-1951. The suit had been instituted in forma pauperis, and by his judgment dated 15-12-1951 the learned Subordinate Judge dismissed the suit with costs.

2. Thereafter, an application accompanied by a memorandum of appeal was filed in this Court by the plaintiff according to the provisions of Rule 1 of Order 44. But the copy of the judgment and the copy of the decree of the trial court were not filed along with the application, and the application was ultimately withdrawn on 22-8-1952. On 4-9-1952 the plaintiff filed an application for permission to appeal in forma pauperis before the District Judge of Shahabad, and on 6-9-1952 the learned District Judge held that the findings arrived at by the learned Subordinate Judge being neither erroneous nor unjust within the meaning of the proviso to Rule 1 of Order 44, the applicant was not entitled to appeal in forma pauperis. The application to pros