P.N. Mookerjee, J. - (1.) This Rule was obtained by the Petitioner against an order of the Court of Appeal below refusing its application for extension of time for making a deposit which was a condition precedent to a remand order for hearing or rehearing, on remand, of the original misc. case.
(2.) The Petitioner's application for setting aside a sale was registered as Misc. Case No. 156 of 1962 of the Court of the Subordinate Judge at Asansole and eventually it was dismissed for default. Thereafter, on appeal, the same was directed by the learned District Judge to be restored to file, on setting aside the said order of dismissal for default, on condition that the Petitioner paid a sum of Rs. 32 to the opposite party within 15 days from the date of arrival of the records in the first Court. This order of the lower Appellate Court was passed on May 7, 1963. The records appear to have reached the first Court on May 15, 1963. The money in question, however, namely Rs. 32 which was sent by money order by the Petitioner on May 17, 1963, did not reach the Court before August 22, 1963. In the circumstances, the misc. appeal was held to have stood dismissed and, thereupon, the Petitioner made the present application for extension of time in the matter of the above deposit and for restoration of the appeal.
(3.) This application was made under Sec. 151 of the Code of Civil Procedure. The learned District Judge, being of the view that, having regard to the terms of the above default order, he had no power to extend the time, refused the Petitioner's application. Against this order, the present Rule was obtained by the Petitioner.;