M. ANANTANARAYANAN, C. J. :- The issue that has been referred to this Full Bench can be very simply stated : It is, whether an order granting leave to sue in forma pauperis by a single Judge of the High Court, is a judgement within the meaning of Clause 15 of the Letters Patent ? Even in this restricted form, the issue involves a conflict of the case law in this Court. In M.R. Ananthanarayana Iyer v. Rarichan, ILR 59 Mad 656 : (AIR 1936 Mad 387), a Division Bench of Beasley, C.J. and Stodart, J. held that an order of a single Judge of the High Court excusing the delay in the filing of a pauper appeal and admitting the appeal, is not a ' judgement' which can be the subject of an appeal under Clause 15 of the Letters Patent. In P. Baba Sah v. Purushottama Sah 47 Mad LJ 932 : (AIR 1925 Mad 167), Spencer, C.J. and Srinivasa Aiyangar, J. held that an order of a single Judge of the High Court granting permission to the plaintiff to sue in forma paperis amounts to a ' judgement' within the meaning of Clause 15, Letters Patent.

In Cork Industries v. Govindarajulu Mudaliar, 1964-2 Mad LJ 265 : (AIR 1965 Mad 87), Ramachandra Iyer, C.J. and Ramakrishnan, J. referred to this conflict