Alfred Henry Lionel Leach, C.J.

1. This matter has been placed before a Full Bench as it raises a question of importance under the Court-Fees Act and involves the consideration of certain Bench decisions of this Court. The petitioner was allowed to file an appeal in forma pauperis, but, at a later stage, it was discovered that he was not a pauper and an order was passed by Horwill, J., dispaupering him. In addition to directing that the petitioner should pay the appropriate court-fee on the memorandum of appeal the learned Judge directed him to furnish security for the costs of the respondent in the sum of Rs. 8,000 within three months from the 4th of November, 1937. This order was not complied with, and on the 4th March, 1938, the appeal was placed in the list of Venkatasubba Rao and Abdur Rahman, JJ., who passed the following order:

The security ordered has not been furnished. The appellant has been dispaupered. Both sides agree that the appeal has to be dismissed, and it is accordingly dismissed. We fix the advocates fee at Rs. 750. The appellant will pay to the Government the court-fee payable on the memorandum of appeal.

2. After the expiration of ninety days the petitioner