JUDGMENT

1. This appeal arises under the following circumstances. The plaintiff in a pre-emption suit obtained a decree for pre-emption on the 11th of October 1915. By this decree he was directed to lodge in Court the pre-emption money within six months, and it further decreed that in the event of his failing to do so the suit would stand dismissed with costs. It will thus be seen that the decree was a decree in favour of the plaintiff on certain conditions. If those conditions were not fulfilled, the decree became a decree in favour of the defendant vendee. The plaintiff did not deposit the money within six months. The last day which would have enabled the plaintiff to comply with the decree was the 11th of April 1916. This was a holiday. It was alleged (and it has been found by the Court below) that the money was brought to the Nazir on the 12th of April, a day on which the Court was sitting. On that day he obtained a chalan which would have enabled him to have deposited the money in the Treasury provided the Treasury was sitting. It appears that the Treasury was not open on the 12th and was only open for an hour on the 13th and the result was that the deposit was not completed un