JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The revisionist-petitioner instituted a suit, bearing Money Suit No. 1 of 2003, in the Eighth Court of Civil Judge (Senior Division) at Alipore, District South 24-Parganas, which was dismissed by the judgment and decree dated April 26, 2012, primarily on the ground of non-production of the documents on which the plaintiff relied.

2. The plaintiff preferred a first appeal, bearing FAT No. 386 of 2012, in this Court against such dismissal.

3. There was a deficit in the court fees deposited by the plaintiffs/appellants/petitioner in FAT No. 386 of 2012. Accordingly, the petitioner filed an application, bearing CAN 2243 of 2012, for furnishing security in place of deficit court fees, which was dismissed ex-parte on September 9, 2013 by a Division Bench of this Court, which further directed the petitioner to deposit the deficit court fees within one week from that date; in default, the first appeal was to stand dismissed automatically.

4. The petitioner, however, failed to deposit such deficit court fees within the stipulated period but filed CAN No. 10376 of 2013 for recall of the order dated September 9, 2013, which remained pending.

5. Thus, by op