Judgment.- The order of the learned Judge, Ramaswami, J., directing the appellant to furnish security for stamp duty payable to Government as per decree of the Court below and for the stamp duty payable on the appeal therefrom, cannot be supported in law. The appellant was permitted to file the suit in forma pauperis and also the appeal in forma pauperis. In Secretary of State for India v. Thayammal1, Pandrang Row, J., held that where the plaintiff was allowed to sue the defendants in forma pauperis and was directed to pay the court-fee to the Government and there was a further appeal in forma pauperis, an application by the Government to direct the appellant to furnish security for court-fee due to it under the lower Court’s decree is incompetent under Order 41, rule 10, Civil Procedure Code. The learned Judge also held that Order 33, rule 13, Civil Procedure Code, did not support such an application. With respect we are in complete agreement with this decision. The appeal is allowed and C.M.P.No.3059 of 1952 dismissed. R.M. ----- Appeal allowed.