In C.M.P. No. 2995 of 1957 the appellants in S.A. No. 326 of 1957 applied for stay of the execution of the decree of the Court below. On 2nd September, 1957, Ramaswami, J., passed the following order in the C.M.P.: —

“Stay asked for will stand granted if security is furnished in the sum of Rs. 5,000 to the satisfaction of the trial Court within two months from the date of this order and failing which this application will stand dismissed with costs. This will be in addition to the sum of Rs. 2,000 already deposited, which will not be allowed to be withdrawn pending disposal of the appeal by the appellants.”

In order to obtain the benefit of this order the appellants had to furnish security by 2nd January, 1957. On 25th October, 1957, they tendered security of property which was valued by the Amin at over Rs. 11,000. Objection was taken that the 1st petitioner had only a fractional interest in the property and that therefore the security was insufficient. On 4th December, 1957, trial Court called for additional security and time was given till 19th December, 1957. On 18th December, 1957, additional security was tendered, but objection was then taken that the Court had no jurisdi