JUDGMENT

1. On 8th January 1930 the plaintiff applied for permission to institute a suit in forma pauperis for recovery of possession of a certain property with mesne profits on a declaration that the same was wakf property and that he was the mutawalli of the wakf. He valued the suit at Rs. 5,100. The application was entertained and notices were issued on the defendant and the Government Pleader. On 8th March 1930 the defendant filed an objection in which amongst other grounds it was alleged that the market value of the property was not less than Rs. 1,25,000. On 21st June 1930 the plaintiff filed the requisite court-fee on his plaint as framed, and on that the suit was registered as an ordinary suit. On 17th September 1930 the defendant filed his written statement, and on 6th November 1930 issues were framed, one of the issues being on the question of valuation of the suit. This issue was taken up as a preliminary issue; and evidence thereon being adduced the Subordinate Judge, on 31st March 1932, assessed the market value at Rs. 75,000 and directed the plaintiff to put in the deficit court-fees within one month. This time was extended twice, by a month on each occasion, on the pl