1. The Subordinate Judge of Kasaragod dismissed the application filed by the petitioner for leave to continue the suit in forma pan-peris which he originally filed paying court fee. A few facts may be stated.

2. The petitioner is one of three brothers constituting a joint family with the mother also alive. He filed a suit for partition and separate possession of his share paying the requisite court fee of Rs. 2,000/-. The plaint was filed on 22nd August 1958; and the defendants, who are the brothers and the mother filed their written statement on 23rd October 1958, wherein they alleged that there were several other items, which should also have been included in the plaint. Thereupon the petitioner included those items as well in the plaint and he had then to pay a further court fee of over Rs. 4,000/-. At that stage, he filed the application for leave to continue the suit in forma pauperis and this was dismissed by the lower Court.

3. It has come out in evidence that the plaintiff had a deposit of over Rs. 5,000/- in the Canara Bank Ltd. at the time of filing the suit. He appears to have withdrawn amounts therefrom for paying the court fee. Subsequent to the filing of the