Decided on February 18,1957

Ravi Datt Respondents


- (1.) This is a second appeal from order filed by plaintiff-appellant in this Court from the judgment of the District Judge, Hissar, dated 18th August, 1953, affirming the order of the Senior Subordinate Judge, dated 5th March, 1953, refusing to grant extension of time for deposit of the purchase-money, as allowed by the decree, into Court. The brief facts of this case are that on 27th January, 1953, a decree was passed for possession by pre-emption on payment of Rs. 3,655/- into Court on or before 4th March, 1953. On 4th March, 1953, the last day for the payment of the purchase-money, the plaintiff, in whose favour the decree was passed, presented an application, stating that a sum of Rs. 2,655/- representing the balance of consideration remained to be deposited and prayed, that that amount may now be got duly deposited by the plaintiff. On this the usual order was passed, "kaifiat sarishta kal pesh howe". On the same day the Ahalmad submitted his report by way of kaifiat, and on 5th of March, 1953, there is an order of the Court to the effect that nobody was present, that the period of limitation for depositing the sum had expired and the application was ordered to be dismissed.
(2.) It seems that on 4th March, 1953, after the first application, the plaintiff presented another application which stated as under : "In the case noted in the heading, this Court had passed a decree in my favour wherein the consideration money was ordered to be deposited by 4th March, 1953. As I am a Government employee, I could not get leave in time and thus was delayed in arranging for money. Due to this, yesterday, in the morning I missed the train. After that I appeared in the Court after coming over here by means of a lorry but by this time the treasury had closed. But, the plaintiff had filed an application in this Court to that effect. An order was passed on that directing me to file another application for grant of extension of time for depositing money, and that application would then be considered. It is, therefore, prayed that an extension of time by one day may be granted. I shall deposit the money today. "
(3.) On 5th March, 1953, the Senior Subordinate Judge dismissed the application, finding, that after the decree had been passed the Court was not competent to grant extension of time for deposit of consideration money.;

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