( 1 ) THIS is a Rule obtained by the applicant in, a proceeding for permission to sue in forma pauperis. The facts which are undisputed are these :

( 2 ) ON the 24th September, 1954, the petitioner filed an application under Order 33, Rule 1 of the Civil Procedure Code which gave rise to Judicial Miscellaneous Case No. 83 of 1954 of the First Court of the Subordinate Judge, Midnapore. Notices of the aforesaid application were Served upon the Government as well as upon the opposite parties. The opposite parties entered appearance on the 26th March, 1955 and the Government Pleader entered appearance on the 16th, of July 1955. On the 9th July, 1955, the applicant filed a list of witnesses and upon that the Court issued summonses on the applicant's witnesses and recorded an order to the effect that non-service of summons would not be a ground of further adjournment and for non-production of documents. The opposite party No. 1 also filed a petition for issuing summonses upon its witnesses and that prayer was allowed on the 10th September, 1955 and the Court again recorded an order that non-service of summons would not be a ground for further adjournment- The proceeding was f