RAM LAL GUPTA Vs. CIVIL JADGE BANDA

JUDGEMENT

(1.) At the time of arguments no one appeared for the contesting respondents, hence only the arguments of the learned counsel for the petitioner were heard.

(2.) This is plaintiffs writ petition. Plaintiff filed Original Suit No. 21 of 1978 against respondent No. 3, Jagdish Kumar Verma. The said suit was dismissed under Order XVII, Rule 3, C.P.C. against which decree petitioner filed Civil Appeal No. 117 of 1979. Civil Judge Banda through judgment and decree dated 29-1-1980 allowed the appeal, set aside the ex parte judgment and decree passed by the trial Court on payment of Rs. 50/- as costs payable in 15 days. It was however, provided that in case cost was not paid within 15 days then the appeal would be deemed to have been dismissed.

(3.) According to the petitioner, he paid the amount of cost to the clerk of his counsel, who could not deposit the same within time and an objection to that effect was taken by the respondent No. 3 before the trial Court. Thereafter on 15-2-1980 petitioner filed an application before the Appellate Court under Section 148, C.P.C. For condonation of delay in making the deposit and for accepting the amount of cost. Civil Judge, Banda dismissed the said application on 18-2-1982. The said application had been registered as Miscellaneous Case No. 6/74 of 1982 Panna Lal Gupta v. Jagdish Kumar. Trie said order is challenged through this writ petition.