V.R.NEVASKAR,J. - (1.) ONLY question involved in this appeal is, whether when a Plaintiff -applicant initially sues in forma pauperis and the Defendant joins issue on the questions of his pauperism as well as upon the application not having been made in good faith and the applicant during the pendency of pauper proceedings pays the court -fee on a date when the claim on the basis of the cause of action sued upon had become barred, the issue of limitation is open any longer or the suit could be held to have been properly filed on the date when the application for permission to sue in forma pauperis was first presented.
(2.) THE trial Court before whom the question of limitation of the suit was raised held that having regard to the circumstances in which the Plaintiff -applicant paid the court -fees, there was want of good faith on his part. He consequently found the issue of limitation against the Plaintiff and dismissed, the suit as barred by time. The learned District Judge on appeal set aside that decision, as he came to the contrary conclusion on the issue of limitation, and remanded the case under Order 41, Rule 23 for further trial on other issues left undetermined.
(3.) THE Defendant now has preferred this appeal against the said order of remand.;