Mookerjee, J. - (1.) The two petitioners before us filed an application on January 2, 1953, for leave to appeal in forma pauperis along with a memorandum of appeal. On January 22, 1953, this Rule was issued upon the opposite parties to show cause why the petitioners should not be allowed to file the appeal in this Court in forma pauperis or such further or other order or orders made as to this Court might seem fit and proper. Pending the hearing of this Rule records were sent down to the President, Calcutta Improvement Tribunal, for enquiry as to the alleged pauperism of the petitioners after giving notice of the same to the Government Pleader and the opposite parties. The Rule was directed to be set down for hearing in the presence of the opposite parties and of the senior Government Pleader, High Court, to whom also notice of the Rule was directed to be issued.
(2.) On receipt of the report from the President of the Calcutta Improvement Tribunal about the enquiry held by him in the presence of all the parties and the Government Advocate this Rule has been set down for hearing
(3.) Before we deal with the merits of the application, we have to deal with the contention raised by the learned Advocate appearing in support of the Rule that at the present stage we are limited to an enquiry as to the pauperism of the two petitioners. Hi contended that after the Rule had leer, issued on the opposite parties the Court must be taken to have already been satisfied that the decree against which ; the appeal is to be preferred was contrary to law or to some usage having the force of law or was otherwise erroneous or unjust. He relied upon certain decisions to which reference will he made hereafter.;