This petition coming on for hearing, the Court (Happell, J.) made the following Order of Reference to a Bench (8-11-1946).-The question in this civil revision petition is whether the legal representatives of a plaintiff who dies during the pendency of an application to be permitted to sue in forma pauperis can be brought on record and allowed to prosecute the suit on payment of the requisite Court-fee. There appears to be a conflict on this question between a recent decision of Horwill, J., in Anasuyyamma v. Subba Reddi1 and the decision of Bardswell, J., in Duraipandiyan v. Salaimalai Pillai2. The case will be put before the Chief Justice for orders as to its being posted before a Bench.

In pursuance of the aforesaid order of reference, the petition coming on for hearing, the Judgment of the Court was delivered by

The Chief Justice.-One Dhulipala Venkata Subba Rao and his two minor brothers, Sreedhara Rao and Butchaiya, filed an application in the Court of the Subordinate Judge, Tenali, asking to be allowed to sue in forma pauperis for a decree for the partition of immoveable property. The application complied with all the requirements of the Code of Civil Procedure with regard to a

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