JUDGMENT

Guha, J. - The plaintiff-opposite party in this rule instituted a suit for partition on 3rd September 1930, in the Second Court of the Subordinate Judge, Sylhet. The court-fee paid on the plaint in the suit was Rs. 10 only. On the objection of the defendants, the petitioners in this Court, on the question of court-fee payable on the plaint as filed in Court, based on the fact that the plaintiff was out of possession of the properties sought to be partitioned, it was held that the plaintiff was to pay ad valorem court-fees on her plaint. Time was granted to the plaintiff for putting in deficit court-fees; and on the last date fixed for payment of court-fees, the 27th July 1931, an application was made by the plaintiff to allow her to proceed with the suit as a pauper. In the application made on 27th July 1930, the plaintiff prayed for the amendment of the plaint as presented in Court, in view of the Subordinate Judge's decision that she was not in possession of the share of the property claimed by her in the suit for partition. The application, to continue the suit as a pauper was eventually granted on 23rd January 1932, by the Subordinate Judge after the necessary inquiries