P.B.Mukharji, J. - (1.) This is a Notice of Motion taken out by the plaintiff for an order that the suit be directed to appear in the peremptory list for hearing and if necessary, the "delay in payment of the sum of Rs. 500/- under order dated December 19, 1956 be condoned and the time for such payment by the applicant be extended upto such time as to this Court may seem fit and proper.
(2.) This application raises an interesting point about computation of time under an order of this Court.
(3.) This is a commercial suit instituted by the plaintiff for the recovery of the sum of Rs. 25,891/8/- from the defendant as damages for failure to supply gunny bags to the plaintiff under a contract. The suit appeared on the peremptory list for disposal on December 19, 1956. An application was then made orally for an adjournment. On 19th December 1956 my learned brother Section Rule Das Gupta J. thereupon directed the applicant to pay Rs. 500/-to the respondent by the end of December 1956 and, in default, the suit was to stand dismissed. The actual terms and language of the order of the point are : "It is ordered that upon the plaintiff paying by the end of this month to the defendant company the sum of Rs. 500/- as costs of this day subject to taxation, the hearing of the suit do stand adjourned till 9th day of January next and it is further ordered that in default of the plaintiff paying the said sum as aforesaid within the time aforesaid, this suit do stand dismissed lor want of prosecution and in that event, the plaintiff do pay to the defendant company its costs of the suit to be taxed by the Taxing Officer of this Court.'';