S. K. RAY, J.

( 1 ) THE opposite party instituted M. S. No. 43 of 1968 for recovery of Rs. 20,000/from the petitioner. The suit was decreed and the petitioner preferred First Appeal no. 146 of 1970 from that decree to this Court. During pendency of this First appeal, the opposite party, decree-holder filed Ex. Case No. 8 of 1970 for recovery of the decretal dues and costs. The petitioner prayed for stay of the execution of the decree in the First Appeal, and stay was granted subject to the condition that the petitioner deposited costs which the decree-holder was at liberty to withdraw on furnishing security. Accordingly, the petitioner deposited Rs. 2041. 55 p. towards costs and the decree-holder opposite party withdrew the same on furnishing security. The First-Appeal was, ultimately, allowed and the case was remanded to the trial Court for fresh disposal according to law. The plaintiff- opposite party, thereupon filed an application for leave to appeal to the Supreme court which was also rejected on 1-9-72.

( 2 ) THE petitioner, therefore, filed an application for restitution under Section 144, c. P. C. in the aforesaid execution case for refund of the costs of Rupees 2,041. 55