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1949 Supreme(Cal) 224

HARRIES, BANERJEE
Bipin Behari Ray – Appellant
Versus
Rakhal Krishna Hazra – Respondent


Advocates:
Manindra Krishna Ghose - for Petitioners.
Hiralal Chakravarty, Sarat Chandra Janah, Binode Behari Haldar and Basanta Kumar Panda - for Opposite Party.

Judgement

HARRIES, C.J. :- This is an application for extension of time to make the necessary deposit under the provisions of O. 45, R. 7, Civil P.C.

2. Admittedly the payments were not made in time and the question arises whether this Court has jurisdiction to extend the time.

3. Other High Courts have held that by reason of the Rules governing Appeals to His Majesty in Council the High Court has jurisdiction to extend the time and I am party to one of those decisions whilst sitting in the High Court at Patna. This Court however has consistently held that the time for making the deposit under O. 45, R. 7, cannot be extended and that the Court has no jurisdiction to grant an application such as the present.

4. This matter was considered by it Bench of this Court in Raj Kumar Govind Narain Singh v. Shamlal Singh, 39 CWN 651. There an application was made to cancel a certificate on the ground that the deposit had not been made in time in accordance with the provisions of O. 45, R. 7, Civil P.C. It was urged that the Court had a discretion to extend the time under R. 9 of Appendix II of the Privy Council Rules of February 9, 1920. The Court was asked to refuse the application for cancella









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