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    <title>1939 (3) TMI 17 - PATNA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=468991</link>
    <description>Order 21 Rule 90 CPC was construed as making the deposit requirement relevant to admission of the application, not its initial presentation. A deposit or security furnished after filing but before admission satisfied the proviso, and the Rule did not require that deposit to be made within the thirty-day filing period. The court was also not bound to reject the application at once for want of deposit; it had to give the applicant an opportunity to seek dispensation or make the deposit before admission. The application therefore could not be treated as incompetent or time-barred on that ground and had to be heard on merits.</description>
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    <pubDate>Thu, 09 Mar 1939 00:00:00 +0530</pubDate>
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      <title>1939 (3) TMI 17 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=468991</link>
      <description>Order 21 Rule 90 CPC was construed as making the deposit requirement relevant to admission of the application, not its initial presentation. A deposit or security furnished after filing but before admission satisfied the proviso, and the Rule did not require that deposit to be made within the thirty-day filing period. The court was also not bound to reject the application at once for want of deposit; it had to give the applicant an opportunity to seek dispensation or make the deposit before admission. The application therefore could not be treated as incompetent or time-barred on that ground and had to be heard on merits.</description>
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      <pubDate>Thu, 09 Mar 1939 00:00:00 +0530</pubDate>
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