JAGAT NARAYAN, C.J. - (1.) THIS is an application by the petitioners for setting aside the order dated 23 -8 -71 holding that the pauper appeal stood dismissed in accordance with the order 8 -7 -1971.
(2.) THE petitioners filed an application for leave to appeal as a pauper. The following order was passed on 1 -4 -71: We accordingly direct the petitioners to file an affidavit that they are unable to pay court fees on the excess amount of interest which is about Rs. 3,000/ -. Two months time is allowed to file an affidavit and to pay court -fees on the balance if the petitioners wish to pursue their appeal with regard to the rest of the matter. They neither filed an affidavit nor filed the court -fees within the time allowed An application for extension of time was filed on 5 -7 -71 on which the following order was passed on 9 -7 -71: We allow six weeks' further time from 5 -7 -71 for paying court fees No further extension will be allowed. If court fees is not paid within time the whole appeal shall stand dismissed.
(3.) THE court feet was not paid within six weeks, from 5 -7 -71 and on 23 -8 -71; an order was passed that as the court fee has not been paid the whole appeal stood dismissed in accordance with the order dated 3 -7 -71. On 23 -8 -71 no one appeared for the petitioners when the above order was passed. Later on, Shri R.R. Chacha Advocate appeared and drew our attention to the fact that full court fee was filed on 20 -8 -71 and prayed that the order we had passed on that date, be set aside. We declined to set it aside as 20 -8 -71 was beyond six weeks from 5 -7 -71.;