ARJAN SINGH, ETC. Vs. MAHOMMAD HUSSAIN AND OTHERS

JUDGEMENT

(1.) THIS case was dismissed for want of prosecution by a Division Bench of this Court on 14th September 1948.

(2.) THE facts, so far as material, are that the appellants were required to pay in Court Rs. 150 to meet the proclamation charges for the service of the respondents. In spite of demands the appellants failed to deposit the amount in Court. The case coming up before the Court on 14th September 1948. Mr. C. L. Agarwal for the appellants stated that he had been writing to his client for the charges but had not heard from him. He also expressed inability to pay the charges out of his own pocket. The case was accordingly dismissed. Clearly the order of dismissal passed on 14th September 1948 was for want of prosecution of the Letters Patent appeal.

(3.) IN the first place, S. 5, Limitation Act, does not govern applications under R. 19 of O. 41, Civil P. C. That being so, the period for making the application under question cannot be extended under section 5. There is no other provision enabling the Court to extend the period of limitation prescribed for the making of such an application.