Ramaswami, J.

1. The question involved in this case is whether the petitioner could maintain an application under Sec.151, Civil P. C., for the restoration of an appeal preferred in the High Court which was dismissed for default of payment of court-fee. The petitioner Pandit Radhanath Jha filed Second Appeal No. 956 of 1952 in the High Court against the decision of the Additional Subordinate Judge of Darbhanga on 15-9-1952. It was found by the Stamp Reporter that the court-fee on the memorandum of appeal was insufficient and also that the court-fees on the plaint and the memorandum of appeal in the lower appellate court were similarly insufficient. It was reported by the Stamp Reporter that the petitioner was liable to pay deficit court-fee of Rs. 309-6-0 for all the three Courts. On 11-8-1953, the High Court granted two months time to pay the deficit court-fees due "failing which the memo of appeal will stand dismissed without further reference to a Bench." The petitioner did not pay the deficit court-fee within the time fixed and in consequence the appeal stood dismissed on 11-10-1953. Thereafter, the petitioner has made this application for restoration of the appeal unde