PANIGRAHI, J.

( 1 ) THIS is an appeal against the judgment of the Additional Subordinate Judge, cuttack, granting a decree to the plaintiff in a suit for recovery of Rs. 7530 as her dower debt due from the estate of her deceased husband. The point debated on this appeal is whether a Court, while rejecting an application to sue in forma pauperis, can grant time to the petitioner for payment of court-fee and whether in such a case the suit shall be deemed to have been instituted on the day of the presentation of the pauper application.

( 2 ) THE facts briefly are that the plaintiff started her suit with an application under Order 33, Rule 2, Civil P. C. praying for permission to sue in forma pauperis. That application sets out in detail all the particulars required for a plaint, states the cause of action and the relief that the plaintiff is entitled to, and in the prayer portion contains a request (1) that the petitioner be permitted to sue as a pauper; and (2) that she may be given a decree for their recovery of her dower money amounting to BS. 7530 together with costs. The learned subordinate Judge registered this application as Misc. case No. 143 of 1939 on and 27th May 1940 al