C.K.Banerji, J. - (1.) This application has now come up before us for final disposal. The suit herein was instituted by the respondent No. 1 against the appellant and respondent No. 2 inter alia, for recovery of Rupees 1,13,490.00. The respondent No. 1 thereafter made an application in the suit for a final judgment for the amount claimed in the suit under Chap. XIIIA of the Rules of the Original Side of this Court, which was opposed by the appellant. On the 15th June, 1982, the learned trial Judge after bearing the parties, made an order granting the appellant leave to defend the suit upon furnishing security to the satisfaction of the Registrar Original Side of this Court for Rs. 75,000.00 within four weeks from date and in default of the appellant furnishing such security as aforesaid, there would be a decree in favour of the respondent No. 1 for Rs. 90,000.00 with interim interest and interest on judgment at 10% per annum and costs. In the event of the security being furnished costs would be costs in the suit and the rest of the claim of the respondent No. 1 would be tried and the appellant would be entitled to raise his defence by way of counter-claim or set off.
(2.) On or about 13th July, 1982 the appellant made an application before this Bench praying for admission of the appeal from the said Order dated 15th June, 1982 made by the learned trial Judge without being accompanied by a certified copy of the said Order and also for stay of operation of the said Order. The said application was made upon notice to the respondents. Upon hearing the parties, this Bench made an order on the 13th July, 1982 admitting the appeal from (the order?) and also granted an ad interim stay of the said order upon the appellant depositing Rs. 50,000.00 in cash with its advocate on record on or before the 16th July, 1982 which sum was to be held by the said advocate free from lien and subject to further orders of this Court.
(3.) The appellant, however, did not make the said deposit as directed by this Court. The said application came up for hearing and was heard by this Bench on the 27th July, 1982, but inasmuch as the appellant had not made the deposit as directed by us by our order dated 13th July, 1982 the default clause as contained in the said order of the learned trial Judge became operative a decree had been passed against the appellant in the suit herein. This Court therefore, declined to make any further order on the said application which was disposed of accordingly. In the meantime the said decree was drawn up, completed and filed by the respondent No. 1, who got the said decree transferred to the City Civil Court at Mad-ras and the application for execution was made by the respondent No. 1 in the City Civil Court at Madras. The present application has been made by the appellant on or about 28th Sept., 1982, inter alia, for leave being granted to the appellant to deposit a sum of Rs. 50,000.00 with its present advocate on record; for stay of operation of the decree dated 15th June, 1982 upon deposit being made; for an injunction restraining the respondent No. 1 from enforcing the order and/or decree dated 15th June, 1982 without the leave of this Court and, if necessary, the order dated 13th July, 1982, made by this Bench be recalled and/or modified and/or amended suitably and the time to deposit the money in terms of the said order dated 13th July, 1982 be extended.;