(1.) THIS appeal arises out of Miscellaneous Judicial Case No. 72 of 1955 of the Court of Civil Judge, Class II, Balaghat.
(2.) THE appellant had sued the respondents for redemption of a mortgage. A consent decree was ultimately passed in these terms :
(3.) THE following facts which form part of the record were not disputed before me: the Civil Courts were closed on 31-5-1954 on account of summer vacation, and reopened on 14-5-1954. The appellant brought the amount of Rs. 1450/- on 14-6-1954 for depositing it in Court. Thereupon the presiding officer sent a memo to the Nazir to receive the amount. The Nazir, however, directed the appellant to bring the amount on the next day as it was tendered after the Treasury hours. The amount was then deposited in Court on 15-6-1954.