Pauper suit institution relates back to original filing date when treated as a plaint, preserving limitation and court-fee compliance.

A suit instituted through an application to sue as a pauper is treated as instituted on the date that application is presented, provided it satisfies Order 33 requirements and is accepted as a plaint. Where the applicant withdraws the request to sue as a pauper and the court allows the document to proceed as a plaint, later payment of court fee under Section 149 relates back to the original presentation date. In that situation, the suit is not rendered time-barred, and a subsequent order dismissing the pauper application is redundant rather than a rejection of the plaint.

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Issues: Whether a suit instituted by an application to sue as a pauper is treated as instituted on the date of presentation of that application, and whether the subsequent payment of court fee after the application was treated as a plaint preserved the suit from the bar of limitation.

Analysis: A suit by a pauper is instituted when the application satisfying the requirements of Order 33 is presented to the court. The application may also, with the court's assent, be treated as a plaint and the time for payment of court fee may be enlarged under Section 149. When the applicant withdraws the prayer to sue as a pauper and the court accepts the document as a plaint, the later order dismissing the pauper application is redundant and does not amount to rejection of the plaint. In such a situation, payment of court fee thereafter relates back to the date of presentation of the application, and the suit continues on the file as properly instituted from that date.

Conclusion: The plea of limitation failed because the suit was rightly regarded as filed on the date of the original pauper application, and the later payment of court fee did not render it time-barred.

Final Conclusion: The appeal was unsuccessful, and the decree in favour of the respondent was left undisturbed.

Ratio Decidendi: Where an application to sue as a pauper contains the necessary averments of a plaint and the court permits it to be treated as a plaint, subsequent payment of court fee under Section 149 preserves the original date of institution and the suit is not barred by limitation.

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