BIPIN BEHARI RAY Vs. RAKHAL KRISHNA HAZRA

JUDGEMENT

(1.) This is an application for extension of time to make the necessary deposit under the provisions of Order 45, Rule 7, Civil P. C.

(2.) Admittedly the payments were not made in time and the question arises whether this Court has jurisdiction to extend the time.

(3.) Other High Courts have held that by reason of the Rules governing Appeals to His Majesty in Council the High Court has jurisdiction to extend the time and I am party to one of those decisions whilst sitting in the High Court at Patna. This Court however has consistently held that the time for making the deposit under Order 46, Rule 7, cannot be extended and that the Court has no jurisdiction to grant an application such as the present.