Judgment.-C.R.P. No. 1079 of 1952 arises out of an order passed by the learned District Munsif of Vridhachalam, refusing leave to the petitioner to file a suit in forma pauperis on the ground that he has means to pay court-fee due on the plaint. In the order refusing leave to sue as a paper the learned District Munsif directed the petitioner to pay court-fee on or before 31st January, 1952. This direction was not complied with by the petitioner and when the matter came up again and after giving further extension of time, the learned District Munsif dismissed the original petition for leave to sue in forma pauperis. No appeal or revision has been preferred against the subsequent order dismissing the original petition for leave to sue as a pauper.

A preliminary objection has been taken by the learned counsel for the respondent that the C.R.P. No. 1079 of J952 is not competent by reason of the subsequent order rejecting the plaint in toto for non-compliance with the direction to pay court-fee due on the plaint and which has not been taken on revision or appeal. He has invited my attention in support of his contention to a decision of my learned brother Panchapakesa Aiyar, J., reported

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