GUNWANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IT is true that the time for depositing security under Order 45, Rule 7 would expire in this case on the 1st of February, 1957 but we have a discretion in a proper case to extend the time even beyond the limit provided by Order 45, Rule 7, because of the provisions of Order 12, Rule 3 of the Supreme Court Rules, read with Section 112 of the Code of Civil Procedure. That is the view expressed by a Division Bench of this High Court in S. C. A. No. 61 of 1952 in its order dated the 20th January, 1954 (Pat) (A), and also by another Division Bench, of this High Court in S.O.A. No. 29 of 1952, in its order dated the 27th July, 1953 (Pat) (B).

(2.) WE consider that in the circumstances of this case the time for depositing security and printing cost should be extended till the 1st of March, 1957. WE extend the time accordingly.