ORDER :- The non-applicant obtained a decree against the applicant for an amount of Rs. 1,840/- against which the applicant preferred an appeal in the Court of the District Judge, Akola, on 8-9-1980. On 10-9-1980 the Appellate Court called upon the applicant-appellant to state whether he had complied with O.41, R.1(3) of the Civil P.C. (hereinafter referred to as "the Code") by crediting decretal amount in Court. On 22-9-1980 the counsel for the applicant made an endorsement on the appeal memo to the effect that the amount had not been deposited. Thereafter on 24-9-1980 the Appellate Court passed the following order :

"It is money decree and unless the decretal amount is paid the appeal is not tenable under O.41, R.1(3), C.P.C. Hence, appellant to credit the decretal amount with costs within 7 days. C.F. 1-10-1979 (sic)."

Since the applicant did not deposit the amount till 1-10-1980 as directed by the Appellate Court, his counsel sought for further time to do so and the Appellate Court granted him time till 17-10-1980. It is at this stage that the applicant presented this revision application in this Court on 14-10-1980 disputing the validity of the order passed on 24-9-1980.

2. The

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