Judgment

R. S. SARKARIA, J.: - This appeal by special leave directed against a judgment of the Allahabad High Court raises a question in regard to the interpretation of Section 12 (2) of the Limitation Act 1908. It arises out of these circumstances:

Roshan La1 and two others filed a suit in the Court of Munsif Havali, Lucknow against Balmukund and another for dissolution of partnership, rendition of accounts and recovery. The suit was finally heard and decided by the Munsif as per his judgment, dated 30-10-1956, in these terms:

"Defendant No. I Lala Bal Mukand shall pay a total sum of Rs. 15,927/2/- to the plaintiffs in which they have equal shares. Plaintiffs shall also get their costs from defendant No 1. Let a final decree be prepared accordingly provided necessary court-fee is paid by the plaintiffs within one month."

The plaintiffs did not pay the court-fee within the time originally fixed in the judgment. They asked for extension of time which was granted without notice to the other side. The plaintiffs then deposited the necessary court-fee within this extended time, on 18-1-1957. About 12 days thereafter, on 30-1-1957, the final decree was drawn up and signed.

3. The appellant (