( 1 ) DEFENDANT No. 1 in Money Suit No. 47 of 1979 of the 8th Court of the learned Subordinate Judge at Alipore is the petitioner before us. The order challenged is the one dated June 18, 1981 passed by the learned Subordinate Judge dismissing an application filed by the defendant No. 1 on Mar. 23, 1981 for reconsideration of an order dated Mar. 22, 1980. It will be necessary to refer to the facts shortly in the background in order to appreciate the real dispute between the parties.

( 2 ) THE plaintiff opposite party, namely, the Reliance Jute and industries Limited, a company incorporated under the Companies Act instituted the aforesaid Money Suit No. 47 of 1979 for a decree for a sum of Rs. 1,03,257. 11 p. by way of compensation and in the alternative for damages. This suit was filed on Oct. 23, 1979 with deficit court fee paid on the plaint. The court directed the plaintiff to put in the balance court-fee on or before Nov. 17, 1979 on which date the balance court-fee not having been paid further time was granted till Dec. 4, 1979. Since the balance court-fee was not paid even on that date, on Dec. 4, 1979, the Court issued a show cause notice upon the plaintiff