Raj Kishore Prasad, J.

1. Plaintiffs are the appellants. They have appealed against the order dated 12-4-1950 of Mr. Abanidhar Chatterjee, District Judge of Gaya, rejecting their memorandum of appeal for non-payment of court-fee within the period of limitation.

2. The last date for filing the appeal before tha learned District Judge was 28-3-1950. The appeal, however, was filed by the plaintiffs on 23-3-1950, on which date the appeal was registered, and the office was asked to report by 30-3-1950. On 30-3-1950 the office reported that the appeal was not properly stamped, inasmuch as a deficit court fee of Rs. 175/5/- should be paid on it. On that date the appellants put in petition for time to file the deficit court-fee. On this petition the court of appeal below passed an order that as the period of limitation had already expired the case should be put up on 11-4-50 for disposal. The deficit court-fee of Rs. 175/5/- was filed on 4-4-1950, before the date fixed in the appeal. On 11-4-1950 the appellants put in a petition before the court of appeal below praying to accept the court-fee paid by them.

On this petition the court of appeal below ordered the case to be put on 12-