JUDGMENT :

P.K. PATRA, J. - These two Misc. Cases have been filed by the U. Co. Bank (previously known as United Commercial Bank), the sole appellant in First Appeal No. 281 of 2000.

2. The appellant-petitioner's suit for Rs. 9,60,511.55 against respondent-defendant No. 1 - Mrs. Khetramani Mohanty and respondent-defendant No. 2- Urban Co-operative Bank, College Square Branch, Cuttack has been preliminarily decreed in part for Rs. 6,58,711.55 on contest against defendant No. 1 and ex-parte against defendant No. 2 and the claim of defendant No. 1 for set off has been decreed in part to the extent of Rs. 3,03,800.00 by the Second Additional Civil Judge (Senior Division), Cuttack vide his judgment dated 12.5.2000. Being aggrieved by the said judgment, the appellant filed the First Appeal affixing court-fee of Re. 1.00 only on 3.11.2000. According to the plaintiff-appellant, the court-fee payable was Rs. 10,336.66. The appellant filed an application u/s 149 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') being Misc. Case No. 751 of 2000 praying for grant of eight weeks' time to pay the deficit court-fees on the ground that after obtaining permission from the co