( 1 ) THIS is an application under Section 115, C. P. C. by the petitioner directed against an order passed by the Subordinate Judge, 1st Court, Alipore, on 31-5-52 rejecting the application filed by him to sue In forma pauperis. The learned Judge reject ed the application holding that the petitioner had not succeeded in satisfying the Court that he was a pauper within the meaning of Order 33, C. P. C.

( 2 ) THE matter has been argued before us at some length both on the point whether the petitioner is a pauper as also on the point whether the application filed by him before the lower Court under Order 33, Rule 1, C. P. C. complied with the provisions of law. It appears that the petition with which the plaint was annexed was not signed and verified in the manner laid down by law as required, under Order 33, Rule 2, C. P. C. On this account a preliminary objection was raised in the lower Court, by the opposite party who contended that the application to sue in forma pauperis was not maintainable as the pauper petition itself had not been signed and verified. The learned Judge, however, by his order dated 26-4-52 overruled the objection and allowed the petitioner, for the