The Court held that the trial Court had no jurisdiction to extend time under Section 148 of the Civil Procedure Code after the automatic order became operative.

( 1 ) THIS revision under Section 115 of the Civil Procedure Code is by the plaintiff against the order dated 7-7-1961, passed by Shri P. S. Rana Civil Judge Class II, sidhi in Civil Suit No. 5-B of 1961, refusing to restore to file the suit.

( 2 ) THE petitioner filed a suit for restraining the respondent from recovering an amount of Rs. 2000/- regarding a forest contract. The petitioner alleged that something was due to him. At this stage, it is not necessary to consider the defence.

( 3 ) THE petitioner's suit came to be dismissed in default. He applied for restoration of the suit to file, but the trial Court refused to restore it. Thereafter, the petitioner filed an appeal. The appellate Court, by order, dated 27-4-1961 restored the suit to file upon certain conditions. The appellate Court imposed a condition precedent to the restoration of the suit by directing that the plaintiff should pay Rs. 30/- as costs to the Government Pleader or should deposit the same within a week in the trial Court for payment to the Government Pleader. If that was done, the suit will be deemed to have been restored; and if the amount was not paid within the time, the suit will be deemed not to have been restored.

( 4 ) THE said amount was not, however, deposited within one week from 27-4-1961. Thereafter, the case was taken up by the trial Court On 6-5-1961, when the following order sheet was recorded:

( 5 ) THEREAFTER, the petitioner offered the costs on the next hearing, that is, 7-71961; when the Government Pleader refused to accept the same on the ground that a valuable right had accrued in favour of the defendants to treat the suit as dismissed, as the operation of the appellate order, dated, 27-4-1961 was automatic. The learned Judge of the trial Court upheld the contention of the defendants and further held that in view ot the automatic order of the appellate court the trial Court had no jurisdiction to extend time. Therefore, the question arises if the Court once passes an order, which is operative automatically without reference to any further order to be passed by the Court, has the Court jurisdiction to extend time under Section 148 of the Civil Procedure Code.

( 6 ) THE learned counsel for the petitioner urged that the petitioner was misled by the order of the trial Court, dated, 6-5-1961, which permitted the payment of the costs on the next hearing, I have already reproduced the said order sheet above. There is nothing to indicate that the Court granted further time to the plaintiff for payment of the costs. Had that been the case, it could have been argued that the plaintiff was misled by the wrong action of the Count which was without jurisdiction. But, the order sheet clearly states that the plaintiff's counsel promised to pay the costs by the next hearing. The Court, however, did not pass any order. ( 7 ) AS regards the order of the appellate Court, dated 27-4-1961, the plaintiff was required to pay the costs within one week. As such, 4-5-1961 was the last day by which payment ought to have been made or the amount should have been deposited in Court. But nothing of the kind was done. The hearing of 6-5-1961 in the trial Court was itself beyond the period of one week. As such, any payment made on 6-5-1961 also would be beyond the time granted by the appellate order, dated, 27-4-1961. I am unable to accept the contention of the learned counsel for the petitioner that the petitioner was misled by the order of the Court, dated, 6-51961. The petitioner stands to blame for not complying with the appellate order, dated 27-1-1961.

( 8 ) THE further question is whether Section 148 of the Civil Procedure Code can be availed or in respect of the appellate order, dated 27-4-1961. There is no doubt that the operation of the said order was automatic. If the payment or the de posit was made, the suit was deemed to have been restored; and if not made, the suit was deemed to have bean dismissed. There was nothing further to be cl