G. N. DAS, J. :- This is an appeal by the Province of Bengal against an order dated 23rd September 1946, passed by Mr. J.P. Mukherjee, learned Subordinate Judge, 2nd-Additional Court, District 24 Parganaa, dismissing au execution case started by appellant.

2. The facts are as follows : Bholanath Sen, predecessor-in-interest of the respondents and Tulsi manjuri Dasi filed a suit in forma pauperis, being Title suit No. 69 of 1939 against Rajlakshmi Dasi and Nabani Gopal Banerjee. On 31st June 1941, the suit was dismissed and under the provisions of O. 33, R. 11, Civil P.C., a decree for payment of Rs. 2484-12-0 being the court-fees which would have been payable to the Government, had the plaintiff not been permitted to sue as paupers, was passed against the plaintiffs in favour of the Government.

3. In 1900 the said Bholanath Sen had borrowed a sum of Rs. 3000 from Jogendranath Das on a mortgage. In 1911 Jogendra sued to enforce the mortgage. The Court, however, passed a money decree in favour of Jogendra. Jogendra preferred an appeal to this Court. On 5th June 1917, this Court allowed the appeal and passed a preliminary mortgage decree. Bhola Nath Sen preferred an appeal to H