1. This is an application by the plaintiff, who had been allowed to institute the suit in forma pauperis, for further leave to appeal as pauper, from the decree dismissing his suit. Notice on this application was ordered by a learned judge of this court on 23-6-1959; and the respondent and the Government Pleader have entered appearance is response thereto. The question now is whether, at this stage, the respondent is to be allowed to contend that the decree is not contrary to law or to some usage having the force of law and is not otherwise erroneous or unjust and therefore the application should be refused.

2. O.44, R.1, C. P. C. provides:

"[1] Any person, entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as a pauper subject, in all matters, including the presentation of such application, to the provisions relating to suits by paupers, in so far as those provisions are applicable.

[2] The appellate court after fixing a day for hearing the applicant or his pleader and hearing him accordingly if he appears on that day and upon a peru