MALIK, CJ.:- This case was referred to a Bench of five Judges by our brothers Sankar Saran and Gurtu who were of the opinion that the decision of the Full Bench in - Chunna Mal v. Bhagwant Kishore, AIR 1936 All 584 (A) needed reconsideration. In that case the point referred to the Full Bench for decision was as follows:

"Whether after rejecting the application for permission to sue as a pauper, can the court by a separate and subsequent order allow the applicant to pay the requisite court-fee under S.149, Civil P.C., and treat the application as a plaint."

The facts given in that judgment are that the application for leave to sue in forma pauperis was rejected on 29-9-1934. On 1-10-1934, an application was made for review on the ground of discovery of some new material to prove that the applicant was a pauper. This application was rejected, but at the time of rejecting the application time was granted to pay the court-fee. Sulaiman, C.J., Bennet and Allsop, JJ., all agreed that, after the application for leave to sue in forma pauperis had been finally disposed of, it was not possible for the court to grant time under S.149, as there was no document before the court to which