D.K. Seth, J.

The plaintiff respondent, Canara Bank, had filed a suit for recovery of certain amount. The said suit was registered as Original Suit No. 74 of 1992. By an order dated 9.7.1992 it was found by the learned Civil Judge, Bijnor that the court fees of Rs. 41,645 was in deficit. It had extended time for depositing deficit court fee on 9.8.1992. The time was granted successively either on the application of the plaintiff or otherwise and the case was being adjourned from time to time even sometimes on account of strike by the lawyers. Ultimately the plaint was rejected by an order dated 20.1.1994 on account of non-payment of deficit court fees under Order VII, Rule 11 of the Code of Civil Procedure. It may be noted that the said order was passed in absence of the parties. The plaintiff had made an application under Order IX, Rule 4 read with Section 148 of the CPC on 19.2.1994. Misc. Case No. 45 of 1994 was registered on the said application. The defendant had filed an objection to the said application. By an order dated 21.3.1997 the said Misc. Case No. 45 of 1994 was allowed and the order dated 20.1.1994 was recalled. It is this order which has since been challen