Order of the Court for registering the suit cannot be questioned.

This is an appeal against the order of dismissal of O.S. No.. 83 of 1952, a suit filed by the appellant in forma pauperis. The Appellant filed O.P. No. 2 of 1952 on the file of the Subordinate Judge’s Court, Tenali on 15th December, 1951 for a declaration that he was the adopted son of one Subrahmanyam and for possession of the plaint schedule properties. The Subordinate Tudge granted leave by his order, dated 17th July, 1952. He adjourned the petition to 24th July, 1952 for payment of batta. It was again adjourned for the same reason to 31st July, 1952. The petitioner failed to pay batta even by that date. On 31st July, 1952, the learned Judge made the following Order:

“Batta memo not filed. Register this petition and.then call on for the party to pay batta-: and notice”.

On that day, the learned Subordinate Judge could have dismissed the application on the ground that batta was not paid. Instead, he showed indulgence to the appellant and gave him another opportunity by directing the petition to be registered and calling on him to pay batta subsequently. This order was obviously made either at the request of the appellant’s advocate or, at any rate with his acquiescence Till that date, it is apparent that the appellant wanted to pursue the suit But, subsequently, he changed his mind and, on 1st August, 1952 he filed a petition, I.A. No. 921 of 1952 for return of the original petition to him. But unfortunately for him, in pursuance of the order, dated 31st July, 1952 the application was registered as a suit and summons were directed to be issued on the same date The learned Subordinate Judge presumably because he expected that the application would have been registered by that time made an order in the following terms:

“Return if it has not been numbered.”

As the pauper application had already been registered, this order was of no help to the appellant. As the suit was dismissed after it was registered, the plaintiff was directed to pay the Court fee due to Government. The aforesaid appeal is against that order.

Mr. Venkatarama Sastry, learned counsel for the appellant, argued that the Subordinate Judge had no jurisdiction to register a pauper application as a suit unless batta for the issue of summons was paid. But none of the provisions of the Civil Procedure Code or the Rules of Practice cited before us state that the Court had no jurisdiction to make an order directing registration of a pauper petition as a suit without receiving batta. As no question of jurisdiction was involved, we find it very difficult to accept this appeal. The appellant, for whose benefit the order was made and who either requested for such an order to be made in his favour or taken benefit of it when made, cannot now question the correctness of me order made. Indeed, it was an order made in his favour and he cannot be allowed to turn round and say that the Judge should not have made it in his favour and presumably at his request. There are no merits in this appeal.

The appeal fails and is dismissed with costs.

The Civil Revision Petition is also dismissed.

No costs.

D.L.N. ------ Appeal and petition dismissed-