JUDGMENT

1. This Rule was granted at the instance of the petitioners, the appellants, against an order of the Additional District Judge of Howrah of the 21st July 1921 refusing to restore an Appeal. Shortly, the material facts are as follows: The present applicants were plaintiffs in a suit to set aside a sale by them of a certain house property to one Narendra Nath Roy, their allegation being that they executed the document conveying the house to Narendra thinking that it was a mortgage and not a conveyance. The suit was heard and the Court disbelieved the story of the present petitioners, the plaintiffs in the suit. The present petitioners preferred an appeal against the decree dismissing their suit, and thereupon the respondents applied for an order that they should give security for costs. An order was made directing security to be given by the petitioners for costs in a sum of Rs. 300. We are satisfied from the order-sheet that on this occasion the petitioners were represented by a Pleader. The security was not given within the time ordered and on the 25th June 1921 the respondents to the appeal applied for dismissal of the appeal. The appellants' Pleader said that his clients