Madhavan Nair, J.

1. The petitioner asked for permission to institute the suit as a pauper in the Subordinate Judges Court of Ramnad and that petition was allowed and the petitioner was treated as a pauper. Later on it was found that the valuation of the suit made it tri-able by the District Munsif of Ramnad. A memorandum was submitted by both the parties and it was agreed that the said suit should be tried by the District Munsifs Court, Ramnad. The plaint was accordingly returned for presentation to the proper Court under Order 7, Rule 10 Civil P.C. The petitioner then presented the plaint to the District Munsifs Court of Ramnad and filed an application under Order 33, Rules 1, 2 and 3 and under Section 151, Civil P.C., to declare the petitioner as pauper and to allow the petitioner to continue the suit O.S. 437 of 1927 on the file of that Court in forma pauperis.

2. Objection was taken by the respondents that the petition would not lie and that no such permission should be given. It is pointed out that the plaint was presented by a pleader and not by the party in person and that the requirements of Order 33 have not been complied with. These objections were uphold by the lo