- (1.) The facts out of which this and the connected appeal, No. 28 of 1913 under the Letters Patent, arise, are shortly as follows: Two suits for pre-emption were brought by rival pre-emptors, These suits resulted in decrees by which the pre-emptors obtained the property in equal shares, conditional upon their paying their half shares of the purchase money into court, within the time specified in the decrees. The time specified elapsed without the purchase money having been paid by either pre-emptor.
(2.) Applications were thereupon made, purporting to be under Section 148 of the Code of Civil Procedure, asking the court to extend the time of payment of the purchase money. The learned Munsif granted the application and extended the time. The purchase money was paid into court within the extended time.
(3.) Appeals were preferred by the defendants vendees against the order of the Munsif extending the time. Afterwards the decrees were put into execution. The appeal against the order of the Munsif extending the time coming before the District Judge, he held that Section 148 did not apply and accordingly set aside the orders of the Munsif.;