S.C.Misra, J.

1. This is an application by the plaintiffs, who instituted a suit in forma pauperis the court of the Subordinate Judge, Deoghar, in 1963, being Title (Pauper) Suit 28 of 1963. That suit was for declaration of title and recovery of possession in respect of 58.45 acres of land and also for recovery of 450 maunds of paddy The suit was dismissed for default on 13th of May, 1964, under Order 9, Rule 3 of the Code of Civil Procedure as neither party appeared on that date when the suit was called on for hearing. The petitioners made an application for restoration of the suit, but that too was rejected.

The present suit giving rise to this application was filed thereafter with an application for permission to sue in forma pauperis, and it was numbered as Miscellaneous Case 12 of 1965. The defendant opposite party, Thakur Shyama Charan Lal, contested the proceeding and denied that the plaintiffs were paupers and did not have the capacity to pay the court-fee required for the plaint. The learned Subordinate judge decided the miscellaneous case in favour of the defendant on a number of grounds, and held that the plaintiffs could not be granted permission to prosecute th