JAGAT NARAYAN, J.—This is an appeal by one Birdha whose election petition filed under sec. 34 of the Rajasthan Municipalities Act 1959 challenging the election of Ranchhor Das to ward No. 2 of Merta Municipality has been dismissed by the Civil Judge, Merta under sec. 44(3) on the ground that he failed to comply with the provisions of sec. 53(1) inasmuch as the treasury receipt was not enclosed along with the petition.

2. A preliminary objection has been taken on behalf of Ranchhordas that this appeal is not competent as the treasury receipt showing that a deposit of Rs. 100/-has been made by the appellant in the Government treasury in favour of the High Court as security for the cost of the appeal was not enclosed with the memorandum of appeal.

3. It was alleged on behalf of Birdha before the learned Civil Judge that the Government treasury receipt was enclosed with the petition and it has also been alleged on his behalf before me that the Government treasury receipt was enclosed with the memorandum of appeal. Both these deposits were made as civil court deposits.

4. The current procedure for making such deposits is this. The person wanting to make a deposit presents a tender in tripl

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