ORDER

Delay condoned.

Leave granted.

2. The appellant before us preferred a first appeal under Section 96 of Civil Procedure Code before the High Court of Karnataka on which the following order was passed :

"Admit subject to the condition the appellant depositing Rs. 75,000/- within a period of eight weeks, failing which the appeal stands dismissed without further orders."

3. It appears that the amount as required to be deposited was not deposited. The application which was moved for extension of time remained undisposed of. The impugned order passed showed that since the deposit has not been made the inevitable consequence was that the appeal stood dismissed.

4. The learned counsel for the appellant submits that appeal lies from every decree passed by any court exercising original jurisdiction. The jurisdiction of the Court in first appeal extends to examine the questions of facts as well as that of law. It is though true as pointed out by the learned counsel for the respondent that under Order 41 Rule 11 CPC it would be open for the court to dismiss the appeal in limine at the time of admission but even examining the matter from that point of view we find that the court while consideri