( 1 ) THIS is an application under Section 115, Civil P. C. , for revision of an order passed by the civil Judge, Agra, permitting the opposite parties plaintiffs to sue as paupers. The suit instituted by the opposite parties against the applicants is one for declaration of title, possession of immoveable property and damages and is valued at Rs. 6,000 on which court-fee of Rs. 835 is payable. The learned Civil Judge after an enquiry found that the opposite parties were not possessed of sufficient means to enable them to pay the court-fee.

( 2 ) THE first contention of Sri Gopal Behari was that the learned Civil Judge was in error in permitting the opposite parties to sue as paupers merely on the finding that they were not possessed of sufficient means and that he should not have permitted them unless he found that they were not entitled to property worth Rs. 100. This contention is based upon the explanation

"a person is a pauper when he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit, or where no such fee is prescribed, when he is not entitled to property worth one hundred rupees other than his necessary wea