ORDER

Mulla, J. - This is a petition in revision u/s 115, Civil P.C. It is directed against an order passed by the learned civil Judge of Benares refusing to entertain an application for leave to sue in forma pauperis on the ground that it was barred by Rule 15 of Order 33, Civil P.C., in consequence of a previous application of the like nature having been dismissed for default. The relevant facts of the case may briefly be stated as follows:

2. The petitioner Nimar Pandey made an application for leave to sue in forma pauperis on 21st December 1937. The Court directed him to file a copy of his petition for being served on the Government Pleader. He complied with that order on 8th January 1938 and the Court ordered a notice to be issued to the Government Pleader and the opposite party fixing 19th February 1938, presumably for the hearing of the application. The matter could not be heard and decided on that date because the applicant failed to file the necessary notices to be served on the Government Pleader and the opposite party. The case was consequently adjourned to 26th March 1938. On that date the case was again postponed to 21st May 1938, because the report expected from the Gov