( 1 ) THIS is an application for leave to appeal as a pauper from a judgment and decree pronounced by the Civil Judge, First Class, Ujjain, in Civil Suit No. 105 of 1951, on 14th May 1955. It was admitted by a Division Bench of the Madhya bharat High Court on 23-11-1955 and the opponents were called upon to show cause why the petitioner should not be granted the leave prayed for. The petitioner has now made an application offering to pay the requisite court-fee and for being allowed to continue with the appeal as duly filed on 19th November 1955.

( 2 ) IT is not necessary to consider whether the applicant should be allowed to pay the court-fees, and proceed with the appeal. For, whether the appeal is treated as one in forma pauperis or as one with the requisite court-fees, in either case it is barred by time. This is not disputed by the learned counsel for the applicant. But he prays that as the applicant had, through a wrong advice of his counsel, first filed an application for leave to appeal as a pauper before the District Judge of ujjain on 11th July 1955, and as the learned District Judge returned the memo of appeal for presentation to the proper Court on 31st Octobe