- (1.) The plaintiff/petitioner entered into an agreement with the defendant/opposite party No. 1 for sale of the property described in the schedule to the plaint for a sum of Rs. 20,00,000/-, out of which the plaintiff paid a sum of Rs. 51,000/- as earnest money. In view of the failure of the defendants to complete the sale, the plaintiff filed a suit for specific performance of contract against the defendants, being Title Suit No. 59 of 1992, before the learned Assistant District Judge, 9th Court, Alipore, District 24-Parganas (South), and the same was decreed on contest on 31st May, 1994, in the manner following,namely, "It is ordered and decreed that the suit be and the same is decreed on contest against the defendants. The plaintiff do get a decree for specific performance of contract in respect of the suit property in its position, as it stands with the tenants. The plaintiff be directed to deposit or pay to the defendants the balance consideration money of Rs. 19,49,000/- only within 30 days hereof and upon the deposit or payment of the same the defendant shall execute and register a proper deed of conveyance in favour of the plaintiff at the cost to be borne by the plaintiff within a further period of 30 days. In default of deposit of payment of the balance consideration money within the time mentioned above the suit shall stand dismissed." .
(2.) In terms of the aforesaid judgment and decree, the time for making deposit of the balance consideration amount was valid till 30th June, 1994. On 27th June, 1994, the plaintiff/petitioner filed an application before the learned Court below praying for extension of the time for making payment of the balance consideration money and also to specify the mode of payment of the same. .
(3.) The said application was taken up for hearing by the learned Court below on 28th June, 1994, and by its Order No. 48 of even date the learned Court below rejected the petitioner' application on the ground that since the suit had been finally disposed of and in view of the passing of the decree the Court had no power to extend the time for payment of the amount under the decree. In effect, the learned Court below was 7 of the view that after passing the decree the Court had become functus officio and did not retain jurisdiction to pass any further orders in the suit. .;