JNANADASUNDARI SHAHA Vs. MADHABCHANDRA MALA

JUDGEMENT

(1.) This matter arises under the following circumstances: In a mortgage suit, after the preliminary and final decrees, a personal decree was passed against the opposite party on 13 June 1930. On 31 July 1930, an application for amendment was made by him, which was rejected on 28 August 1930. The High Court was unsuccessfully moved against that order on 5 December 1930. Then on 23 December 1930, an appeal was filed before the District Judge against the personal decree passed on 13 June 1930, on a court-fee of Re. 1 only out of Rs. 135 payable on the memorandum. Time was granted by the District Judge to file the deficit court-foe till 6 January 1931. The deficit court-fee not having been put in, on 7 January 1931, the following order was passed: The deficit court-fee stamp has not been put in. The memorandum of appeal is rejected.

(2.) On 8 January, the opposite party again prayed for seven days time to file the deficit court-fee stamp, and the prayer was granted. The stamp was supplied on 10 January and, on 17 January 1931, the next order was passed by the Judge in these words: Register. Let notices issue to the respondents and fix 24 February 1931, next for hearing. Costs and notices to be put in within seven days.

(3.) On 24 February 1931, the order passed runs thus: Notices served. Services proved. Respondent 1 enters appearance and files an objection stating that the appeal is time-barred. Let this objection be put up in presence of the pleaders on 12 March 1931. Inform pleaders.