( 1 ) THIS Rule is directed against an order of the learned Subordinate Judge, 24-Parganas, extending, in modification of a previous order, time for payment of certain to is which had been made the condition precedent for acceptance of additional written statement. It appears that on 22-4-1957 the court ordered that :"the additional written statement filed by pro forma defendant No. 7 will be accepted so far as paras 2 and 5 are concerned provided defendant No. 7 pays a cost of Rs. 16/- to the plaintiff by 16-5-1957. In default of payment of costs the additional written statement will stand rejected. "costs were not paid by 16-5-1957 but on that date an application was made praying for extension of the time. The application, however, wa not moved on that date but was moved and heard in presence of the parties' lawyers later on. On 5-7-1957, the court passed an order, in spite of the objection of the plaintiff, extending the time for payment of the costs to 11-7-1957. Costs were paid before that date and the additional written statement filed by the pro forma defendant was accepted.

( 2 ) THE present Rule was obtained against the order of the court dated 5-7-1957 extending time. Th

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