- (1.) Special leave granted.
(2.) Heard Mr. F. S. Nariman, counsel for the appellant and Mr. Shankar Chose, counsel for the respondents. It is difficult for us to dispose of the matter without making a brief reference to the background in which the matter has been brought before this court. The appellant was one of the defendants in a suit for partition which was decreed by the Trial Court after rejecting the defence plea of previous partition. In the first appeal before the Patna High Court, there was a demand for payment of printing charges. The appellant paid the money to his advocate Clerk who passed on a receipt to him but the same was not deposited within the time granted by the court and extension was obtained on a false plea that funds had not been received though it had been remitted by money order. The High Court called upon the counsel for the appellant to file an affidavit that the money had already been remitted but that affidavit was not filed and the appeal was dismissed by non-compliance of the order. Later on, an affidavit to the effect that the money had not been paid earlier and was being paid to the counsel was obtained from the appellant's son who had obviously not been told by his father that the money has already been paid under a receipt. This auction on the part of the appellant was not at all justified.
(3.) Having failed to have the restoration of the first appeal before the High Court on the basis of an application for recalling the order, the special leave petition has been filed before this court.;