MODI, J.—This is an appeal by Kishanlal and Pyarelal, by special leave, against a judgment and decree dated 24th November, 1948, of a learned single Judge of the High Court of the former State of Jodhpur.

2. It is only necessary to state a few facts as the point for determination in this appeal is a narrow one. On 31st July, 1946 (corresponding to Sawan Sudi 3rd, Svt. 2003) the appellants Kishanlal and Pyarelal obtained a decree against one Alladin, who is now represented by Ibrahim, in the court of the learned Judicial Superintendent, Jodhpur City, for possession of a house by preemption. The trial court directed that the plaintiffs shall deposit a sum of Rs. 2500/- within two months from the date of the decree failing which their suit shall stand dismissed with costs. The plaintiff appellants actually deposited the decretal amount on 30th September, 1946, corresponding to Asoj Sudi 5th, Svt. 2003. The respondent objected in the course of the execution of the decree by the plaintiff appellants that the latter had deposited the money after the period of two months stipulated in the decree, that such time should be calculated on the basis of the Vikram Samvat and not the Gregorian ca

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