Code of Civil Procedure, 1908–Sec. 148–Extension of time for deposit of cost–Declined by High Court with the view that the SLP filed by respondents was dismissed as withdrawn and they lost their right to challenge the order passed by Court in earlier writ petition–In earlier writ petition, High Court set aside the order of executing Court and special darkhast was restored subject to paying the cost of Rs. 25,000/- –Appellants explained the reasons for delay in deposit of cost–Held, time ought to have been extended–Further held, respondents have withdrawn the first appeal as the execution petition was dismissed–They cannot be deprived from the opportunity of maintaining first appeal–They are given liberty for filing the necessary application for restoration of first appeal.
