BASWANTARAYA SHANTAPPA BIRADAR Vs. GURAPPA MALLAPPA GUNDAGI

JUDGEMENT

(1.) This petition under Section 115 of the Code of Civil Procedure is filed against the order dated February 18, 1967 made by the District Judge, Bijapur dismissing Misc. Application No. 72 of 1966 filed by the petitioner seeking restoration of the appeal to file or its readmission.

(2.) The short question raised in this petition by the learned counsel for the petitioner is when an appeal is dismissed by the Court below for non-payment of costs for preparation of the paper book, which is the Article in the Limitation Act that applies to the application made for restoration of the appeal and what is the period of Limitation within which such an application should be made?

(3.) The facts leading to this question may briefly be stated thus: The petitioner presented appeal No. R. A. 61 of 1963 in the Court of the District Judge, Bijapur. That appeal was admitted and, thereafter the appellant was called upon to deposit Rs. 20/towards the cost of preparation of paper book by an order dated November 18, 1963. However, the appellant did not deposit the amount asked for and the appeal came to be dismissed on June 3, 1964.