BIDYADHAR MOHAPATRA Vs. DHOBA MAHARANA

JUDGEMENT

(1.) BEING aggrieved by the order dated 22.12 -1983 passed by the lower appellate Court rejecting the Petitioner 's application to extend the time for payment of costs as directed by it earlier the Petitioner has moved this Court in revision.

(2.) THE facts relevant for the purpose of the present proceeding may be shortly stated thus:

(3.) IN view of the legal Section discussed above, the lower appellate Court clearly erred in rejecting the application for extension of time on the ground that it had no jurisdiction to do so. It is pertinent to mention here that the Court has not rejected the application on any other ground except want of jurisdiction. On the facts and in the circumstances of the case particularly since 12 -12 -83 was declared as a holiday of the Court, the Court below should have extended the time and permitted the Petitioner to pay the cost to the opposite patty within the extended period.