King, J.

1. The plaintiffs in O.S. No. 58 of 1931 on the file of the Subordinate Judge of Tinnevelly began legal proceedings against the defendants by applying on 30thJuly, 1930, for permission to sue them-in forma pauperis. That permission was refused on 21st August, 1931, by an order which also directed the plaintiffs to pay the defendant 1 costs. As soon as this1 order was pronounced plaintiffs asked for time to pay court-fee. The matter was adjourned to 30th September, 1931. On that day court-fee was paid, and the petition registered as a plaint. In April, 1933, defendant 1, who had said nothing about his costs in his original written statement applied for permission to raise a fresh ground of defence, namely, that as plaintiffs had not paid his costs they were debarred by the provisions of Order 33, Rule 15 from maintaining the suit. This permission was granted, and a new issue framed. On 30th August, 1933, plaintiffs paid the costs into Court. The learned Additional Subordinate Judge then proceeded to try the new issue and held that the suit was not maintainable. On appeal the learned District Judge of Tinnevelly reversed the decision on this issue and remanded the sui