- (1.) Notice of motion was issued in this case. The petitioner has alleged that the learned Sub-Judge had no authority in law to extend the time for depositing the mortgage amount.
(2.) Briefly stated, the facts giving rise to this petition are as under :- The land measuring about 40 acres in West Pakistan was mortgaged with possession by Smt. Balwant Kaur for Rs. 4,000/- in the year 1935. Smt. Atto, petitioner, purchased the mortgagee rights and thereby stepped into the shoes of Makhan Singh and Chirag. After the partition of the country, the suit land was allotted in lieu of the mortgaged land to Smt. Atto and the possession was also delivered to her. Smt. Balwant Kaur filed a suit for redemption of the said land and the suit was decree in her favour by the trial Court. On appeal, the decree of the trial Court was affirmed, but on second appeal the High Court modified the decree to the extent that the redemption of the land was subject to the payment of Rs. 4,000/- by Smt. Balwant Kaur to the mortgagee. This judgment of the High Court is dated 14th May, 1976. The High Court had directed Smt. Balwant Kaur to deposit the mortgage amount within three months. Since the mortgagor could not deposit the amount within three months, she made an application for the extension of time on 9th August, 1976, but the same was dismissed by the High Court with the observation that the application did not lie in the High Court and if so advised it may be filed before the trial Court. Accordingly the mortgagor filed the application before the trial Court for extension of time pay the mortgage amount. That application was allowed by the trial Court vide its order dated 8th December, 1978. It is against this order of the trial Court that the present revision petition has been filed by Smt. Atto, mortgagee.
(3.) It is stated at the Bar by Mr. Aggarwal, counsel for the respondent, that the mortgage amount was deposited on 6th January, 1979.;