HARENDRA LAL ROY CHOWDHURY Vs. SMHARI DASI DEBI

JUDGEMENT

(1.) The present applicant, comes before us under Rule 7, Order 45 of the new Code and asks us to extend time provided by that Rule within which the security for the costs of the respondents should be put in. It appears that the judgment of the High Court front which the appeal to His Majesty in Council is preferred was passed on the 3 March 1909, and the application for leave to appeal was filed on the 12 May 1909, and the certificate was granted on the 10 of August 1909.

(2.) The section provides that the costs must be deposited within six months from the date of the decree or within six weeks from the grant of the certificate. In this case six months from the date of the decree expired on the 3 September 1909, and six weeks from the date of the grant of certificate on the 21 September 1909.

(3.) In support of his application the petitioner has filed a petition giving the reasons for the delay in putting in the security. In paragraph 7 of the petition it is stated that the petitioner is a man of means, and if was only for an accident that the security bond was not filed in time. In paragraph 8 it is stated that "they were under the impression that, as it has been for years before, the High Court would re-open a few days after the re-opening of the lower Court." The application, it must be observed, was not made till the 29 November 1909, though the Courts opened on the 15 November 1909, that is, fourteen days after the re-opening of the Court. In paragraph 9 of the petition it is stated that "none of the clerks having been present in Calcutta the bond was not filed on that day." These are the only grounds in support of the application.