( 1 ) THE facts leading up to this Reference are as follows. The respondent, Pratabmull Rameswar, filed a suit against the petitioner for the recovery of a sum of Rs. 87,000/- as damages under the circumstances stated in the plaint. The suit was dismissed by a single Judge sitting on the Original Side by a Judgment dated January 25, 1957. Against that decree the respondent tiled an appeal which was heard by a Division Bench. By a judgment dated February 19, 1960, the Division Bench reversed the judgment and decree of the Court of first instance and decreed the respondent's suit. Against the decree of the Division Bench the petitioner filed an application for a certificate under Article 133 of the Constitution, and by an order dated September 12, 1960, a certificate was granted in favour of the petitioner. Under Order XLV, Rule 7 of the Code of Civil Procedure the petitioner was required to furnish security within a period of six weeks from the date of the certificate or within a period of ninety days from the date of the decree complained of, which period could be extended by the Court for a maximum period of sixty days, whichever was the later date. As the decree co