Kumaraswami Sastri, J.

1. This is an application to revise the order of the Subordinate Judge who on the petition of the plaintiff, held that Mr. Jayaramier, vakil for the respondent, should not appear for the defendant in the application by the plaintiff to file a suit as pauper. The pauper suit, leave to file which was applied for, relates to the Dharmapuram mutt. The late pandarasannadhi was murdered and the present? plaintiff was charged with abetment of the murder. He was acquitted. His case is that he was duly elected as pan-darasannadhi and the defendant in the case has got no rights to that office. In the criminal case, question arose as to what was done on the morning after the murder and the evidence of some witnesses was that on the morning the present plaintiff was elected as the pandarasannadhi and that he performed the" funeral ceremonies. In the criminal proceedings it was not necessary to decide the question of the election of the plaintiff as pandarasannadhi and all that it was necessary to decide was whether he-abetted the murder or not. During the course of those proceedings, the mutt and its moveable properties were taken charge of by the Subordinate Judg