Rajamannar, C.J.- This is an appeal against the order of Rajagopala Ayyangar, J., dismissing the application made by the appellant before us to dispauper the respondent who was the plaintiff in C.S. No. 130 of 1954. Leave was granted to the respondent to institute the suit as a pauper on 16th March, 1954, and this was after notice to the defendant who is the appellant before us. The present application was taken by the defendant subsequently. The learned Judge found that it had not been proved that the value of the property of which the plaintiff was possessed was sufficient to pay the Court-fee. He therefore dismissed the application. Hence this appeal by the defendant.

In our opinion this appeal must be dismissed on the short ground that it is not maintainable. The order under appeal is not a judgment within the meaning of Clause 15 of the Letters Patent to permit this appeal. Learned counsel for the appellant relied upon the ruling in Baba Sah v. Purushotham Sah1, to meet this preliminary objection. No doubt it was held in that case that an order of a Judge of the High Court sitting on the Original Side, allowing or refusing to allow a plaintiff’ to sue so as a pauper is a judgme

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