VEERASWAMI, C. J. :- This is an appeal from an order of Kunhamed Kutti J. agreeing with the Master that the State was entitled to payment out of court-fee out of the sum lying to the credit of C. S. 84 of 1952. That was a suit instituted by the second and third respondents to enforce a mortgage which had been executed by the appellant. In execution of the mortgage decree, a sum of Rs. 56,000 was realised, and after appropriating the amount towards discharge of the decree, there remained a balance of Rs. 3,979. The appellant's son instituted O.

S. No. 1973 of 1956 on the file of the City Civil Court. Madras, for setting aside the mortgage decree and for partition and separate possession of half share in the hypotheca. This suit was decreed on 11-12-1957. That suit has been allowed to be instituted in forma pauperis. On 19-1-1961, the appellant's son died. Thereafter, the appellant, by Appln. No. 1253 of 1964, applied for withdrawal of the amount which

stood to the credit of C. S. 84 of 1952. The Master directed that a sum of Rupees 1489-59 be paid to the appellant and that the court should retain a similar sum of Rs. 1489-58. He further directed that a period of three months