SASADHAR GHOSE Vs. HARIHAR KAR

JUDGEMENT

(1.) This application in revision by the judgment-debtor is against orders passed by the Dist J., of Midnapure dismissing an appeal preferred under Section 174 (5), Bengal Tenancy Act.

(2.) The decision in this appeal depends upon an interpretation of the proviso to Sub-Section (5) of Section 174, Bengal Tenancy Act, & more particularly of the concluding words namely "no such appeal shall be admitted unless the appellant deposits such amount in Court".

(3.) The application filed by the judgment-debtor under Section 174 (8) of the Act was disposed of by the Subordinate Judge by an order dated 10-5-1948, dismissing the same. After allowing time taken for obtaining a certified copy of the judgment, the last date for filing the appeal was 20 6-1948, On the day previous, namely, June 19, a, memorandum of appeal was presented on behalf of the judgment-debtor, in the Court of the Dist. J. along with a petn. stating that the applt. had not been able to collect the amount required to be deposited under the proviso to Sub Section(s) of Section 174, Bengal Tenancy Act. The form in which the prayer was made was that the admission of appeal may be put off for a month. This petition was ordered by the Court to be put up on June 21, for orders, on which date the prayer for extension of time was rejected "as the alleged reason for the prayer is frivolous." Immediately thereafter the Court recorded the following order : "The necessary deposit has not yet been made; this application, therefore cannot be entertained & is rejected."