ALOK SHARMA,J. - (1.) The matter comes up on an application under Section 148 CPC for extension of time granted in the order dated 3.8.2015 passed by this Court in Civil Misc. Appeal No.4932/2009 titled Ram Prasad and Others vs. Gadhiya @ Girdhari and Others, for deposit of costs, as a condition for setting aside the ex-parte decree dated 25.4.2005, payable by the appellant-defendant-applicant (hereafter 'applicant') to the respondent--defendant- non-applicant (hereafter 'non-applicant').
(2.) Heard Mr.Shyam Lal Sharma appearing with Mr.A.K.
(3.) Dubey counsel for the applicant and Mr.Dev Krishna Purohit for non-applicant. Perused the aforesaid order dated 3.8.2015 wherein it was interalia directed that as under :- "Consequently, in the interest of justice and fact of suit pending at the instance of a co-defendant on its application under Order 9 Rule 13 CPC having been allowed, the appeal is allowed and the impugned judgment and decree dated 25-4-2005 is set aside on payment of exemplary costs of Rs.2 lacs. Rs. 1 lac be deposited with the Rajasthan State Legal Services Authority at Jaipur and the remainder Rs.1 lac be paid shall pay the amount of costs as directed on or before 25th August, 2015, failing which this order shall stand recalled and the miscellaneous civil appeal under consideration shall stand dismissed." The case of the applicant is that Rs.1 lakh towards costs as directed to be deposited with the Rajasthan State Legal Services Authority at Jaipur was deposited on 18 th August, 2015 well before 25th of August, 2015. Mr.Shyam Lal Sharma submitted that the amount of Rs.1 lakh to be deposited towards costs as payable to the non-applicant was deposited on 25.8.2015 before the Additional District Judge No.17, Jaipur Metropolitan, Jaipur (hereafter 'the ADJ No.17'). Vide order dated 25.8.2015 passed by the ADJ No.17, the Court on the report of the clerk indicating that the suit had been transferred on 26.10.2013 to the Additional District Judge No.19, Jaipur Metropolitan, Sanganer (hereafter 'the ADJ No.19"), did not accept the application along with the Demand Draft of Rs.1 lakh. Thereafter the said DD for the amount of Rs.1 lakh as costs payable to the non-applicant--plaintiff was submitted before the ADJ No.19 on 31.8.2015. Vide the impugned order dated 2.9.2015 passed by the ADJ No.19, the said application for taking the application alongwith the DD of Rs.1 lakh towards costs payable to the plaintiff on record was dismissed on count of the fact that under the Court's order dated 3.8.2015, it had been directed that costs be deposited on or before 25.8.2015 failing which its order would stand recalled and the civil miscellaneous appeal under consideration would also stand dismissed.;