Gentle, J.

1. In this application the applicants desire that an order may be made for the appointment of a Commissioner for the taking of an inventory of the movable properties at premises No. 15, Kuppumuthu Street, Triplicane, Madras. I am satisfied on the merits that the applicant is entitled to the appointment of such a Commissioner. This application is made after the filing of a petition for leave to sue in forma pauperis and before leave has been granted as prayed for in that petition. The question is whether there is a suit pending inasmuch as the right of the applicant to apply for the appointment of a Commissioner arises under Order 39, Rule 7, Civil Procedure Code, in which the following words appear:

The Court may on the application of any party to a suit,...make an order.

2. If there is no suit, then there can be no parties and if there are no parties to a suit, this Court is unable to make an order appointing a Commissioner. This same matter came on before me in Application No. 1849 of 1937 and upon the arguments and authorities then placed before me, I came to the conclusion that the parties in a contemplated pauper suit whose petition to have their suit admitted und