In a preliminary decree in a suit for partition the decree of the trial Court provided,

“that the plaintiff be entitled to a half share in the plaint A schedule items 1 to 5 described hereunder on payment into Court within six months from this date Rs.1,102-5-0 with interest thereon at six per cent. per annum from the date of plaint, that is, 15th September, 1943, till payment.”

The amount was not paid within the period of six months from the date of the decree of the trial Court. There was an appeal against that decree and that appeal was finally disposed of on 28th June, 1946. Within six months of the date of the appellate decree the plaintiff deposited the amount into Court, and applied in I.A.No.386 of 1946 for permission to deposit the amount due under the preliminary decree which was confirmed on appeal into Court and the learned Subordinate Judge granted a week’s time from the date of the Order, 8th January, 1947. That Order, the first defendant, petitioner, seeks to set aside in revision.

The main contention of the petitioner wat that the Court had no jurisdiction to extend the time fixed in the decree, that is, six months from the date of the preliminary decree of the