In Re: Boppana Vamanamurthi and Another

Subba Rao, C.J.—This appeal is filed against the order of Somasundaram, J., dated 30th November,1958, refusing to grant leave to the Appellant to prefer an appeal in forma pauperism. After refusing to grant leave, the learned Judge granted three months'' time for payment of; the Court fee. Time was extended for payment of court fee till 15th November, 1954. The Appellant preferred the appeal against the order of the learned Judge within 30 days from the date of the expiry of the time given by the learned Judge. If the period of limitation is computed from the date of the order it is conceded it is clearly barred. But the learned Counsel for the Appellant contends that time should be computed not from the date when the leave was refused but from the date when the time given for payment of court fee expired. The time given by the learned Judge for the payment of court fee does not affect the finality of the order refusing to .give leave. Even if the court fee was paid in time, the order refusing to give leave to appeal in forma pauperism would continue to have binding force. Till that order is vacated in appeal, it would bind the Appellant. In the circumstances, the period of limitation prescribed must necessarily be computed from the date of the order made against the Appellant. In this view the appeal is clearly not in time.