(1.) APPELLANT Budhulal's suit was dismissed because he did not deposit or pay, within the time fixed by the Court, adjournment costs imposed on him on the preceding date of hearing.
(2.) ON the date of hearing, on which the trial Court dismissed the suit, the plaintiff had offered the amount of adjournment costs, which he had to pay. But the trial Court found itself powerless to extend time inasmuch as the plaintiff had been, directed on the preceding date to pay adjournment costs 'before the next date of hearing' and that order was peremptory: 'suit shall stand dismissed on non-payment of costs'.
(3.) THE plaintiff appealed from the order of dismissal of his suit. The learned district Judge held that the appeal was not maintainable inasmuch as the order of the trial Court was not a decree. The plaintiff then preferred this second appeal. It was heard by a learned single Judge, who found that the law was not certain because the authorities were not uniform or consistent on the question whether the Court has power to extend time for depositing costs in spite of the order imposing costs being peremptory. Accordingly, he framed the following questions and directed that the case be placed before the Chief Justice for constituting a larger Bench:-
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