ANANT RAM Vs. SITAL DIN

JUDGEMENT

(1.) The plaintiff-appellant brought a suit for demolition of the constructions on a certain plot. The suit was dismissed by the trial Court, and on the plaintiff appealing to the District Judge an order was passed remanding the suit for retrial provided that within one month the plaintiff filed certain paper "and in case that is not done," the order concludes: the remand order shall not take effect and the appeal shall stand dismissed automatically.

(2.) The papers were not filed within the time given, and the plaintiff made an application for an extension of time. The Judge refused, saying that he had neither the power nor the wish to extend time, but held that the language of the order passed on appeal by himself was peremptory and left him no choice. He therefore dismissed the application adding: The appeal stands dismissed automatically requiring no further order of the appellate Court.

(3.) An appeal has been preferred against this order, and a preliminary objection is raised on behalf of the respondents that no appeal lies from this order of the District Judge, which is merely an order refusing to extend time and has not the force of a decree. It is argued that the first order had the effect of a decree, and in fact was embodied in a decree, and as such was appealable, but that the second order was merely one refusing extension of time; and further that the Judge was as he believed himself to be, bound by the decree which he had himself given. It is argued on behalf of the appellant that the first order was an order of remand not amounting to a decree, and that it was the second order which had the force of a decree and which was subject to an appeal.