CHHAGANI Vs. TARA KUMARI

JUDGEMENT

(1.) THIS is an application by the petitioners for setting aside the order dated 23 -8 -71 holding that the pauper appeal stood dismissed in accordance with the order 8 -7 -1971.

(2.) THE petitioners filed an application for leave to appeal as a pauper. The following order was passed on 1 -4 -71:

(3.) THE court feet was not paid within six weeks, from 5 -7 -71 and on 23 -8 -71; an order was passed that as the court fee has not been paid the whole appeal stood dismissed in accordance with the order dated 3 -7 -71. On 23 -8 -71 no one appeared for the petitioners when the above order was passed. Later on, Shri R.R. Chacha Advocate appeared and drew our attention to the fact that full court fee was filed on 20 -8 -71 and prayed that the order we had passed on that date, be set aside. We declined to set it aside as 20 -8 -71 was beyond six weeks from 5 -7 -71.