Supreme Court of India

Mahanth Ram Das v. Ganga Das.

Neutral citation
Reported as [1961] 3 S.C.R. 763
Bench J.L. Kapur J.
Decided 7 February 1961

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What the Court ordered

In the result, the petition was dismissed, but without z96z costs. . M ahanth Ram Das The appellant then moved the High Court for a v. certificate, a.nd the case was heard by K. K. Banerji Gang• Das and R. K. Chaudha.ry, JJ. Though the decree wa.s one . - of a.ffirma.nce, the learned Judges fortunately found it Hidayatullah J. possible to grant a certificate, and the present appeal has been filed.

Judgment, page 5

From the headnote

Court Jee-Appeal to stand dismissed if court Jee not paid within time granted-Extension of time, if can be granted-Code of Civil Procedure, r908 (V of r908). ss. r48, I49, I5I, 0. 47, r. r. The High Court passed a peremptory order that "the appeal will stand dismissed " if a certain amount of court fee was not paid within the time granted by the court. The appellant being unable to find money made an application for extension of time before the expiry of the time granted, Md offering to make a partial payment asked for further time, The application was (r) [1060) . . 336 g8 I96I February 7,

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