MALIK, CJ.:- Civil Revision No.474 of 1946 filed by the legal representatives of Mohammad Baksh came up before a Bench of this Court on 14-9-1950, and, while my brother Agarwala, J. was of the opinion that the applicants could continue the proceedings if they were prepared to pay the court-fee, or if they could allege and establish that they were paupers and were not able to pay the court-fee, the other learned Judge, Pearey Lal Bhargava, J. took a contrary view.

2. By reason of the difference of opinion two questions of law were formulated and referred to a larger Bench for decision. The points are:

"1. Whether the heirs of a person, who has made an application for leave to sue in forma pauperis under O.33 of the Code of Civil Procedure and dies before the application is allowed or refused under R.7 of the Order, can continue the proceedings in their own right either upon showing that they are themselves paupers or by offering to pay court-fee on the plaint? If the answer be in the affirmative, whether the heirs have to show that the original applicant was also a pauper?

2. Whether, in the circumstances of the present case, the objection that the right to sue did not survive