Krishnaswami Nayudu, J.-There appears to be a conflict of opinion on the question whether when once leave was refused to an applicant to sue in forma pauperis and time was granted to pay the Court-fees which was not complied with and as a consequence of which non-compliance the original petition itself was dismissed, such a dismissal is no bar to the maintainability of a Civil Revision Petition against the original order refusing leave to sue in forma pauperis even though the subsequent order of dismissal has not been challenged in any appeal or revision.

There are two decisions holding contrary opinions, one of Panchapakesa Ayyar, J. in Bommisetty Ramayamma, In re1, relying on a Full Bench ruling in Satyanarayanacharyulu 2v. Ramalingam,2, and that of Basheer Ahmed Sayeed, J., in Munian v. Kesava Pandithan3. I consider, therefore, that this appeal requires to be heard by a Bench. Place the papers before the Hon’ble the Chief Justice for orders as to posting before a bench.

In pursuance of the order of reference the appeal came on for hearing before a Bench:

The Judgment of the Court was delivered by

Govinda Menon, J.-O.P.No.21 of 1950 on the file of the Court of the Subordinate Judge o

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