Madhavan Nair, J.

1. In this case the plaintiff-appellant sued for the recovery of possession of certain trust properties. He valued the suit at Rs. 3,030 but objections being taken by the defendants to the valuation an issue was raised on the point and it was found that the properties were worth Rs. .14,000. When he first instituted the suit he had paid Court-fee on Rs. 3,030 but when it was found that the properties were valued at Rs. 14,000 he was asked to pay additional Court-fee on the, 18th January, 1926. This order was passed on the 23rd December, 1925. As the appellant was not able to pay the Court-fee as ordered on the 18th January, 1926, he put in an application asking the Court to allow him to continue the suit as pauper. This application was opposed on two grounds. It was argued that the suit having been filed after the payment, of Court-fee it was not open to the appellant to continue it as pauper. It was also argued that the appellant not having paid the Court-fee on the 18th January, 1926, as directed, the plaint should have been considered to have been rejected under Order 7, Rule 11(6) and (c), Civil Procedure Code and that there was no plaint which could be