ORDER :- The petitioner herein filed a suit, O. S. No. 810 of 1968 for a declaration of his title to certain trees and for an injunction restraining the respondent herein from cutting the said trees. After trial, the trial court decided the suit in favour of the petitioner and the operative portion of its judgment dated 22-10-1970 was as follows:

"In the result, the plaintiff is entitled to declaration and injunction as prayed for provided he pays the contract amount on or before 23-11-1970. Failing which the suit will stand dismissed." The petitioner however, did not pay the contract amount as directed on or before 23-11-1970. He however, chose to file an application on 25-11-1970 under Sections 148 and 151 C. P. Code to extend the time for depositing the contract amount as per the decree dated 22-10-1970. That application has been dismissed by the lower court on the ground that the order has worked itself out as a result of which the suit stands dismissed, and that it had no power to extend the time at that stage after the suit stood dismissed. It is the said order of the lower court that is attacked in this revision.

2. It is argued on behalf of the petitioner that the co