JUDGMENT: This application purporting to have been filed under Section 151 of the Code of Civil Procedure contains a prayer that the delay of one week in depositing the costs in compliance with my order dated 14-5-1970 may be condoned and the consequential order resulting in the dismissal of the restoration application for this non-compliance may be set aside and that the restoration application may be revived.

2. The facts of the case were that the Second Appeal No. 858 of 1961 was dismissed in default of the appellants on 1-8-1969. The appellants then applied for restoration of this appeal and that application was allowed by me conditionally on 14-5-1970 in the following terms:-

"In the interest of justice, I allow this application on payment of Rs. 30/-as costs which shall be paid within a week from this date. If the costs are paid within the time allowed the second appeal shall be restored to its original number. In case of default in the payment of costs, this application shall stand dismissed."

3. The costs were not paid within the time allowed and so the application for restoration stood dismissed on 21-5-1970. Thereafter the appellants' counsel paid Rs. 30/- to respondents' co

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