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1955 Supreme(All) 268

AGARWALA, DESAI
HIRA LAL PATNI – Appellant
Versus
KALI NATH – Respondent


Advocates Appeared:
A.K.KIRTY, HARI SVARUP

AGARWALA, J.

( 1 ) A certificate under Article 133 of the Constitution was granted in the above appeal on 9-9-1955. Under Rule 7 of Order 45, Civil P. C. , the appellant was to deposit Rs. 2,500/- as security within six weeks. On 4-11-1955, the applicant made an application for being allowed two weeks further time within Which to deposit the necessary security money. The application was ordered to be put up on 11-11-1955, for orders. On 11-11-1955, the applicant made an application that the money had been received, that he might be allowed to deposit the necessary security and that the delay may be condoned. This application was opposed by Mr. Kirti on behalf of the respondent. Mr. Hari Swarup learned counsel for the appellant was permitted to deposit the security money in Court, if deposited within 24 hours. The security, we are informed, was duly deposited on 12-11-1955.

( 2 ) MR. Kirti, on behalf of the respondent, has urged that, firstly this Court has no jurisdiction to grant further time to deposit the security and, secondly, that there is no sufficient reason to extend the time of six weeks allowed under Order 45, Rule 7, Civil P. C.

( 3 ) AS regards the preliminary objectio














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