Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1
PETITIONER:
YESHODA & ANR
Vs.
RESPONDENT:
K. NAGARAJAN
DATE OF JUDGMENT: 25/09/1996
BENCH:
K. RAMASWAMY, S.B.MAJMUDAR
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This Special Leave Petition arises from the order of
the Division Bench of the Karnataka High Court dated June
19, 1996 in I.A. No.3 in RFA No.225/84. The admitted
position is that in the suit for specific performance the
High Court has agreed with the suggestion of the respondent
to pay a further sum of Rs.1,80,000/-. The High Court has
extended three months’ time from April 21, 1994 for deposit
of the amount. Special Leave Petition filed in this Court
was dismissed on September 23. 1994 and within three months
thereafter on January 17, 1995 the amount came to be
deposited, An application under Section 28 of the Specific
Relief Act was filed to rescind the decree on the ground
that the respondent had committed default in compliance of
the conditional decree of the deposit of the amount. The
respondent had filed an application for extension of time.
The application for rescission of the decree was dismissed
and the application for extension of time was allowed. Thus
this special leave petition
It is contended by Mr. Mahale, learned counsel for the
petitioner, that after the expiry of the time prescribed by
the court, the petitioner has a right to seek rescission of
the decree for specific performance for non-compliance. The
Court, therefore, has no power to enlarge the time. We find
no force in the contention. Section 148, CPC gives power to
the court to enlarge the time for complying with the orders
of the court from time to time. Under those circumstances,
the court has correctly exercised the discretion since the
amount came to be deposited within three months from the
date of dismissal of the special leave petition.
The special leave petition is accordingly dismissed.