1. This motion is by the petitioners (who will hereafter be referred to as the plaintiffs), whose application for permission to sue as paupers has been rejected by the Court below.

2. The facts are thus: The predecessor-in-interest of the 1st defendant had, in execution of the hypothecation decree in O. S. No. 173 of 1108 on the file of the Munsiff, Changanacherry, obtained by him against Kunnappally tarwad, purchased the plaint schedule properties on 17101113 and taken delivery of them on 16121116. Though the plaintiffs' father, who was no party to those proceedings, obstructed the delivery, he was overruled and delivery was effected on 16121116. The dispute as to possession survived the delivery proceedings and ultimately culminated in M. C. No. 13 of 1119 (1943) before the Sub-Divisional Magistrate, Kottayam, under S.128 of the Travancore Criminal Procedure Code, which corresponded with S.145 of the Indian Code. The Magistrate, by his order dated 28101946 expressed inability to decide as to the party in possession and therefore ordered continuance of attachment of the properties and the receiving order "until a competent Court has determined the rights of the parties