Gudgment - Gajendragadkar, J.

1. This appeal raises a short question of limitation under Art. 181 Limitation Act. The appellant) the Phaltan Bank Limited, had sued the respondents to recover the amount due on a mortgage executed in its favour (Civil Suit No. 174 of 1937). A preliminary decree was passed in favour of the Bank for Rs. 2,242-3-6 on 21-12-1939. The mortgagors preferred an appeal in the District Court of Phaltan. as paupers (Appeal No. 6 of 1941). This appeal was dismissed with costs on 27-7-1942. Thereafter, the mortgagors preferred a pauper appeal in the High Court at Phaltan. This appeal was preferred beyond 30 days which is the period of limitation for a pauper appeal, but within 90 days which is the period of limitation for an ordinary appeal. It is clear that the fact that the pauper appeal was beyond time was not noticed by the High Court and notice was issued on the appeal.

When the Bank appeared, it drew the attention of the High Court to the fact that the pauper appeal was initially filed beyond time. The High Court thereupon apparently decided to treat the appeal as an ordinary appeal and at the request of the appellants gave them time to pay the requisite co

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