JUDGMENT

Sulaiman, J. - This is an application in revision from an order rejecting an application to sue in forma pauperis. The plaint has been drawn up in a most in artistic way, and it is open to many serious objections. The learned Subordinate Judge however has not rejected the plaint on the ground that the facts mentioned therein do not show that any right of the plaintiff has been infringed for which there is a remedy in law, but has rejected it on the ground that the suit is barred by limitation. On the question of the applicant's pauperism the finding is in his favour. The learned advocate for the applicant contends before us that it was not open to the Court below to inquire into the question whether the claim, as put forward in the plaint, was or was not barred by the law of limitation. The Court below has proceeded under Order 33, Rule 5, which makes it obligatory on the Court to reject an application for permission to sue as a pauper where inter alia the allegations of the plaintiff do not show a cause of action. The question for consideration is whether these words include the case where the claim is time barred.

2. Section 407(o), Civil P.C., 1882, had the following word