ORDER :- On an original petition to file a suit in the pauper form the only objection raised by the contesting respondents defendants was that the suit was barred by limitation. The learned Subordinate Judge held an enquiry and came to the following conclusion :

"P.W. 1 examined. Ex. B. 1 marked : P.W. 1 proves that he has no properties and that he is a pauper. There is no evidence contra. It is argued that the claim, if any, is barred. Without more elaborate evidence on this point one cannot decide the question of limitation at this stage. The plaint will be registered as suit."

This civil revision petition is sought to be filed by the defeated respondents.

2. O. 33, R. 5, C.P.C. has been amended by this High Court by adding two clauses (d) and (d-1) of which we are concerned here only with clause (d-1), viz.,

"where the suit appears to be barred by any Jaw, e.g., by limitation the court shall rejected an application for permission to sue as a pauper."

This has been added in Madras by R. O. C. No. 2482 of 1936 B. 1.

3. Two points are involved for consideration, viz., the jurisdiction of the court to enquire into the question of limitation at the stage of pauper application and